Allowed

Dilshad v. Nizamudheen.C

Kerala HC3 Feb 2016Crl.MC/420/2016

Case brief

AI extract

What is this about?

The Court held that since the First Respondent filed an affidavit stating the matter was amicably settled, further proceedings in the criminal case against the petitioners based on the Final Report were quashed, as no purpose would be served in continuing them.

What did the court decide?

All further proceedings in C.C. No.316/2014 of the J.F.C.M., Payyannur, as against the petitioners, are quashed.

Dilshad Vs Nizamudheen.C — 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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WEDNESDAY, THE 3RD DAY OF FEBRUARY 2016/14TH MAGHA, 1937

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Crl.MC.No. 420 of 2016 ()

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IN CC 316/2014 of J.M.F.C.,PAYYANNUR CRIME NO. 1081/2013 OF PAYYANNUR POLICE STATION, KANNUR

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PETITIONER(S)/ACCUSED NO. 1 TO 3:

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1. DILSHAD, AGED 21 YEARS, S/O. ABDULMAJEED, "A.M HOUSE, PANJAKKAD,

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PAYYANNUR P.O., KANNUR DISTRICT.

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2. MIRDAS ALI M.T.P.,

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AGED 21 YEARS, S/O. MUHAMMADALI, RASHEENA MANZIL, ALINKEEZHIL, VELLUR P.O., KANNUR DISTRICT

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3. VISHNU P., AGED 24 YEARS, S/O. RAVI P., PATHALEN HOUSE, KELOTH, PAYYANNUR AMSOM, KANNUR DISTRICT.

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BY ADVS.SRI.ZUBAIR PULIKKOOL SRI.P.S.BINU

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RESPONDENT(S)/COMPLAINANT:

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1. NIZAMUDHEEN C., AGED 20 YEARS, S/O. ABDULLA K.M., CHANDAKKARAN HOUSE, PAYYANNUR AMSOM, KAVVAYI, KANNUR DISTRICT, PIN - 670 307.

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2. STATE OF EKRALA,

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

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R1 BY ADV. SMT.A.P.RUFAIJA BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rvs.

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Crl.MC.No. 420 of 2016 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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ANNEXURE 1 COPY OF THE FINAL REPORT IN CRIME NO.1081/2013 OF PAYYANNUR POLICE STATION.

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ANNEXURE II THE ORIGINAL COPY OF THE AFFIDAVIT OF 1ST RESPONDENT.

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RESPONDENT(S)' EXHIBITS:

NIL

/TRUE COPY/

P.A.TO JUDGE

rvs.

B. KEMAL PASHA, J.

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................................................................ CRL.M.C. No. 420 of 2016

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............................................................... Dated this the 3^rd day of February, 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.316/2014 of the Judicial First Class Magistrate's Court, Payyannur, which has arisen from Crime No.1081/2013 of the Payyannur Police Station, registered for the offences punishable under Sections 143, 147, 148, 448, 341, 323 and 324 read with Section 149 of the Indian Penal Code.

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The matter has been amicably settled between the petitioners and the defacto complainant, who is the first respondent herein. He has filed Annexure II 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. 420 of 2016

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-: 2 :-

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against the petitioners. 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.316/2014 of the Judicial First Class Magistrate's Court, Payyannur, as against the petitioners, based on Annexure 1 Final Report in Crime No.1081/2013 of the Payyannur Police Station, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings in C.C. No.316/2014 of the Judicial First Class Magistrate's Court, Payyannur, as against the petitioners, based on Annexure 1 Final Report in Crime No.1081/2013 of the Payyannur 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

Dilshad v. Nizamudheen.C

Case brief

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Dilshad v. Nizamudheen.C

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