Allowed

E.P.Nazar v. State of Kerala

Kerala HC30 Mar 2016Crl.MC/1685/2016

Case brief

AI extract

What is this about?

The High Court of Kerala, on an application for quashing of criminal proceedings, held that since the matter was amicably settled by the defacto complainant, no further proceedings would be served. The court quashed all further proceedings against the petitioners.

What did the court decide?

All further proceedings in C.C. No.1197/2015 as against the petitioners based on Crime No.618/2014 are quashed.

E.P.Nazar Vs State of Kerala — Writ and Judicial Review | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

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WEDNESDAY, THE 30TH DAY OF MARCH 2016/10TH CHAITHRA, 1938

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Crl.MC.No. 1685 of 2016 ()

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--------------------------CC. NO.1197/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOTTARAKKARA. CRIME NO. 618/2014 OF POOYAPPALLY POLICE STATION, KOLLAM DISTRICT.

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PETITIONERS/ACCUSED-A1 TO 3:

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1. E.P. NAZAR,

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AGED 41 YEARS, S/O. IBRAHIM KUTTY, AL-SAFA MANZIL, KANAKAKUNNU, VATTAPPARA MURI, VELINNALLOOR VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT.

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2. SHAJU,

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AGED 34 YEARS, S/O.IBRAHIM KUTTY, SHIFANA MANZIL, KANAKAKKUNNU, VATTAPPARA MURI, VELINNALLOOR VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT.

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3. IBRAHIM KUTTY, AGED 76 YEARS, S/O.ABOOBEKKAR, SHEEJAMANZIL, KANAKAKKUNNU, VATTAPPARA MURI, VELINNALLOOR VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT.

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BY ADV. SRI.DINESH THANKAPPAN.

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RESPONDENT/STATE & COMPLAINANTS:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031.

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2. THE SUB INSPECTOR OF POLICE, POOYAPPALLY POLICE STATION, KOLLAM DISTRICT - 691 537.

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Crl.MC.No. 1685 of 2016

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3. SAFEERKHAN, AGED 32 YEARS, S/O. SALAHUDEEN, KURIKKAD MALAYIL PUTHENVEEDU, PULIKKUDY MURI, VELINNALLOOR VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT-691 506.

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R1 & R2 BY PUBLIC PROSECUTOR SMT.P. MAYA. R3 BY ADV. SRI.K.V.ANIL KUMAR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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Crl.MC.No. 1685 of 2016

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APPENDIX

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PETITIONER'S ANNEXURES:-

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A1 A TRUE COPY OF THE FINAL REPORT IN CRIME NO.618/2014 OF POOYAPPALLY POLICE STATION.

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A2 TRUE COPY OF THE AFFIDAVIT FILED BY THE 3RD RESPONDENT.

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RESPONDENT'S ANNEXURES:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

B. KEMAL PASHA, J.

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................................................................ CRL.M.C. No. 1685 of 2016

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............................................................... Dated this the 30^th day of March, 2016

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O R D E R

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Petitioners are accused Nos.1 to 3 in C.C. No.1197/2015 of the Judicial First Class Magistrate's CourtII, Kottarakkara, which has arisen from Crime No.618/2014 of the Pooyappally Police Station, Kollam registered for the offences punishable under Sections 341 and 324 of the Indian Penal Code read with Section 34 IPC.

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The matter has been amicably settled between the petitioners and the defacto complainant, who is the third respondent herein. The defacto complainant has filed Annexure A2 affidavit affirming that the matter has been amicably settled between him and the petitioners and he has no complaints against the petitioners.

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No criminal antecedents have been reported

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CRL.M.C.No. 1685 of 2016

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-: 2 :-

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against the petitioners. The injuries sustained to the injured are trivial. When the matter has been amicably settled, no purpose would be served in proceeding with the matter further, and therefore, all further proceedings in C.C. No.1197/2015 of the Judicial First Class Magistrate's CourtII, Kottarakkara, as against the petitioners, based on Annexure AI Final Report in Crime No.618/2014 of the Pooyappally Police Station, Kollam, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings in C.C. No.1197/2015 of the Judicial First Class Magistrate's Court-II, Kottarakkara, as against the petitioners, based on Annexure AI Final Report in Crime No.618/2014 of the Pooyappally Police Station, Kollam, are hereby quashed.

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Sd/- B. KEMAL PASHA, JUDGE.

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ul/-

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[True copy] P.S. to Judge

E.P.Nazar v. State of Kerala

Case brief

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E.P.Nazar v. State of Kerala

Case brief

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