Allowed

Sakkeer Nussain v. State of Kerala

Kerala HC29 Jan 2016Crl.MC/321/2016

Case brief

AI extract

What is this about?

Petitioner sought to quash criminal proceedings under IPC Sections 341, 324, and 294(b) after the matter was amicably settled with the complainant, who filed an affidavit confirming no further complaints. The court accepted the settlement affidavit and quashed further proceedings in the underlying complaint.

What did the court decide?

All further proceedings in C.C. No.1435/2015 pending before the Judicial First Class Magistrate's Court-I, Kasaragod, based on Annexure-A-1 Final Report, are quashed.

Sakkeer Nussain Vs State of Kerala — Quashing and FIR | 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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FRIDAY, THE 29TH DAY OF JANUARY 2016/9TH MAGHA, 1937

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Crl.MC.No. 321 of 2016

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CC 1435/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KASARAGOD CRIME NO. 359/2015 OF KASARAGOD POLICE STATION, KASARGOD

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PETITIONER(S)/ACCUSED:

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SAKKEER HUSSAIN, AGED 49 YEARS, S/O.ABDUL RAHMAN, NEAR FISH MARKET, KASARAGOD.

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BY ADV. SRI.S.JIJI

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RESPONDENT(S)/DE-FACTO COMPLAINANT & STATE:

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2. AJITHKUMAR E, AGED 34 YEARS, S/O.V.AMBOONHI NAIR, VENGAYIL HOUSE, BALAL POST, PARAPPA (VIA), KASARAGOD - 671 533.

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R1 BY PUBLIC PROSECUTOR SMT.MAYA R2 BY ADV. SMT.K.S.SANTHI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 321 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE-A1: CERTIFIED COPY OF FINAL REPORT IN CR. 359/2015 OF KASARAGOD POLICE STATION.

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ANNEXURE-A2:AFFIDAVIT DATED 9.11.2015 SWORN BY THE 2ND RESPONDENT

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RESPONDENT(S)' ANNEXURES

NIL.

/ TRUE COPY /

P.S. TO JUDGE

B.KEMAL PASHA, J.

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================ Crl.M.C. No. 321 of 2016

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======================= Dated this the 29^th day of January, 2016

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O R D E R

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Petitioner is the accused in C.C. No.1435/2015 of the Judicial First Class Magistrate's Court-I, Kasaragod, which has arisen from Crime No.359/2015 of the Kasaragod Police Station, registered for the offences punishable under Sections 341, 324 and 294(b) of the Indian Penal Code.

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The matter has been amicably settled between

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the petitioner and the defacto complainant, who is the 2^nd respondent herein. The defacto complainant has filed Annexure-A-2 affidavit affirming that the matter has been amicably settled between him and the petitioner and he has no complaints against the petitioner.

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No criminal antecedents have been reported

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Crl.M.C. No. 321 of 2016

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-: 2 :-

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against the petitioner. 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.1435/2015 pending before the Judicial First Class Magistrate's Court-I, Kasaragod, as against the petitioner, based on Annexure -A-1 Final Report, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings in C.C. No.1435/2015 pending before the Judicial First Class Magistrate's Court-I, Kasaragod, as against the petitioner, based on Annexure -A-1 Final Report, are hereby quashed.

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Sd/- B.KEMAL PASHA, JUDGE

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stu

Sakkeer Nussain v. State of Kerala

Case brief

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Sakkeer Nussain v. State of Kerala

Case brief

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