The High Court of Kerala allowed a criminal miscellaneous petition and quashed the F.I.R. and all subsequent proceedings because the parties had amicably settled the dispute, rendering further prosecution unnecessary.
Quashed Annexure-A1 First Information Report in Crime No.1252/2015 and all further proceedings on it.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
WEDNESDAY, THE 13TH DAY OF JANUARY 2016/23RD POUSHA, 1937
Crl.MC.No. 28 of 2016
----------------------------------CRIME NO. 1252/2015 OF KONDOTTY POLICE STATION , MALAPPURAM DISTRICT
PETITIONER(S)/ACCUSED :
1. SAITHALAVI MASTER, S/O. MOHAMMED, PULIKKAL HOUSE, ARIMBRA, KONDOTTY, MALAPPURAM DISTRICT.
2. MUHAMMEDKUTTY,
3. MUSTHAFA,
4. LAVAKTTY,
5. NISHAD,
6. AHAMMAD NISHAD,
BY ADV. SRI.SUNNY MATHEW
RESPONDENT(S)/COMPLAINANT :
1. KABEER, S/O.HYDERAJI, THENKALAM HOUSE, ARIMBRA, MORAYUR, KONDOTTY, MALAPPURAM DISTRICT.
2. THE SUB INSPECTOR OF POLICE, KONDOTTY POLICE STATION, MALAPPURAM DISTRICT.
R1 BY ADV. SRI.C.C.ANOOP R2 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 28 of 2016
APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE A1: TRUE COPY OF THE F.I.R IN CRIME NO. 1252/2015 REGISTERED BY THE SUB INSPECTOR OF POLICE, KONDOTTY POLICE STATION, MALAPPURAM DISTRICT.
ANNEXURE A2: TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 1ST RESPONDENT.
RESPONDENT(S)' ANNEXURES :
NIL
//TRUE COPY//
P.S.TO JUDGE.
Msd.
B. KEMAL PASHA, J.
................................................................ CRL.M.C. No. 28 of 2016 ............................................................... Dated this the 13th day of January, 2016
O R D E R
Petitioners are accused Nos.1 to 6 in Crime No.1252/2015 of the Kondotty Police Station, registered for the offences punishable under Sections 143, 147, 148, 153, 341 and 323 read with Section 149 of the Indian Penal Code.
CRL.M.C.No. 28 of 2016
-: 2 :-
proceeding with the matter any further. Matters being so, Annexure-A1 First Information Report in Crime No.1252/2015 of the Kondotty Police Station, and all further proceedings on it, can be quashed.
In the result, this Crl.M.C. is allowed and Annexure-A1 First Information Report in Crime No.1252/2015 of the Kondotty Police Station, and all further proceedings on it, are hereby quashed.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
[True copy] P.S. to Judge
1 issue framed by the court
Whether the F.I.R. and further proceedings can be quashed when the matter has been amicably settled between the parties.
1 provisions across 1 enactments
SAITHALAVI MASTER
MUHAMMEDKUTTY
MUSTHAFA
LAVAKTTY
NISHAD
AHAMMAD NISHAD
B. KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
