Allowed

Muhammed Niyas v. State of Kerala

Kerala HC21 Jan 2016Crl.MC/191/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition to quash criminal proceedings pending before the Assistant Sessions Judge. The court held that no proceedings were justified as the matter had been amicably settled between the petitioners and the de facto complainant.

What did the court decide?

All further proceedings in S.C.No.506/2014 before the Assistant Sessions Judge, Manjeri, based on Annexure A2 Final Report in Crime No.30/2012, are quashed.

Muhammed Niyas Vs State of Kerala — Civil Procedure and Limitation | 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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THURSDAY, THE 21ST DAY OF JANUARY 2016/1ST MAGHA, 1937

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Crl.MC.No. 191 of 2016 ()

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SC.NO. 506/2014 OF ASSISTANT SESSIONS COURT, MANJERI CRIME NO. 30/2012 OF MELATTUR POLICE STATION , MALAPPURAM DISTRICT

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PETITIONER(S)/ACCUSED :

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1. MUHAMMED NIYAS, S/O. USMAN, 24 YEARS OF AGE, MURINGATHODI HOUSE, KARKADAMKUNNU P.O.,

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MANNARKAD TALUK, PALAKKAD DISTRICT.

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2. MUHAMMED FAYIS, S/O.UMMER, AGED 24 YEARS,

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KALLIPARAMBIL HOUSE, KANAMKODE, KARKADAMKUNNU P.O.,

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MANNARKAD TALUK, PALAKKAD DISTRICT.

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3. MUHAMMED FAISAL, AGED 27 YEARS, S/O. HAMZAKUTTY, CHERUTHALA HOUSE, KANAMKODE,

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KARKADAMKUNNU P.O., MANNARKAD TALUK,

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PALAKKAD DISTRICT.

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BY ADV. SMT.M.A.ZOHRA

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RESPONDENT(S)/RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KERALA,

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ERNAKULAM - 682 031.

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2. SHAMSUDDEEN.K.T.,

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S/O. ABDULLA, AGED 19 YEARS,

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KOLTHODI HOUSE, PATHIRICODE P.O., MALAPPURAM DISTRICT - 676 504.

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R1 BY PUBLIC PROSECUTOR SMT. MAYA

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R2 BY ADVS. SRI.K.MOHANAKANNAN

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SMT.A.R.PRAVITHA SMT.D.S.THUSHARA SRI.T.S.NEJIMUDDIN

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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CRL.M.C.NO.191/2016

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APPENDIX

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PETITIONER'S ANNEXURES:

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ANNEX A1 COPY OF THE FIR IN CRIME NO.30/2012 OF MELATTUR POLICE STATION. ANNEX A2 COPY OF THE FINAL REPORT WAS FILED BEFORE THE JUDL. FIRST CLASS MAGISTRATE-II PERINTHALMANNA AS RC 59/2012 ANNEX A3 ORIGINAL AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT

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RESPONDENT'S ANNEXURES: NIL

/TRUE COPY/

P.S.TO JUDGE

sts

B. KEMAL PASHA, J.

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................................................................ CRL.M.C. No. 191 of 2016

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............................................................... Dated this the 21^st day of January, 2016

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O R D E R

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Petitioners are accused in Crime No.30/2012 of the Melattur Police Station, registered for the offences punishable under Sections 143, 147, 148 and 324 read with Section 149 of the Indian Penal Code. The final report in the said crime is filed before the Judicial First Class Magistrate's Court-II, Perinthalmanna, which is now pending as S.C.No.506/2014 before the Assistant Sessions Judge, Manjeri.

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The matter has been amicably settled between the petitioners and the defacto complainant, who is the 2^nd respondent herein. He has filed Annexure A3 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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CRL.M.C.No. 191 of 2016

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-: 2 :-

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When the matter has been amicably settled, no purpose would be served in proceeding with the matter further, and therefore, all further proceedings in S.C.No.506/2014 before the Assistant Sessions Judge, Manjeri, as against the petitioners, based on Annexure A2 Final Report in Crime No.30/2012 of the Melattur Police Station, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings in S.C.No.506/2014 before the Assistant Sessions Judge, Manjeri, as against the petitioners, based on Annexure A2 Final Report in Crime No.30/2012 of the Melattur Police Station, 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

Muhammed Niyas v. State of Kerala

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Muhammed Niyas v. State of Kerala

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