The High Court of Kerala quashed proceedings and the charge sheet in a criminal miscellaneous case as the matter between the accused and the defacto complainant had been amicably settled and injuries were trivial.
Annexure-A1 Final Report and all further proceedings against the petitioners in C.C.No.970/2015 are terminated.
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
TUESDAY, THE 9TH DAY OF FEBRUARY 2016/20TH MAGHA, 1937
Crl.MC.No. 576 of 2016
CC 970/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - III (TEMPORARY SPECIAL COURT), KOLLAM CRIME NO. 499/2010 OF PALLITHOTTAM POLICE STATION , KOLLAM
PETITIONER(S)/ACCUSED 1 TO 3:
1. MUSTHAFA, AGED 38 YEARS,
2. SANOFAR, AGED 25 YEARS, S/O SHAUKATH, SHAFEEQ MANZIL, JONAKAPURAM JUNCTION,
3. JAUHER, AGED 28 YEARS,
BY ADVS.SRI.K.SHAJ
RESPONDENT(S)/STATE AND CW1:
--------------------------------------------------
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. SABEER @ BALU, AGED 35 YEARS, S/O. BADARUDEEN, HASEENA MANZIL, LABBAZHIKAM PURAYIDAM, NEAR JONAKAPURAM JUNCTION, PALLITHOTTAM CHERRY, KOLLAM WEST VILLAGE, KOLLAM - 691 006.
R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R2 BY ADV. SRI.SERGI JOSEPH THOMAS
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
Crl.MC.No. 576 of 2016
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEXURE A1: THE CERTIFIED COPY OF THE CHARGE SHEET IN C.C.NO.970/2015 PENDING BEFORE THE TEMPORARY JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLLAM ARISING OUT OF CRIME NO.499/2010 OF PALLITHOTTAM POLICE STATION.
ANNEXURE A2: AN AFFIDAVIT SWORN BY THE SECOND RESPONDENT STATING THE SETTLEMENT OF ALL THE DISPUTES.
RESPONDENT(S)' ANNEXURES:
NIL
//TRUE COPY//
P.S.TO JUDGE
Ms v/
B. KEMAL PASHA, J.
................................................................ CRL.M.C. No. 576 of 2016
............................................................... Dated this the 9th day of February, 2016
O R D E R
Petitioners are accused Nos.1 to 3 in C.C.No.970/2015 of the Temporary Judicial First Class Magistrate's Court, Kollam, which had arisen from Crime No.499/2010 of the Pallithottam Police Station, Kollam registered for the offences punishable under Sections 341, 323 and 324 read with Section 34 of the Indian Penal Code.
him and the petitioners and he has no complaints against the petitioners. The injuries sustained to the injured are trivial.
CRL.M.C.No. 576 of 2016
-: 2 :-
between the parties, no purpose would be served in proceeding with the matter any further. Matters being so, Annexure-A1 Final Report and all further proceedings against the petitioners in C.C.No.970/2015 of the Temporary Judicial First Class Magistrate's Court, Kollam, which has arisen from Crime No.499/2010 of the Pallithottam Police Station, can be quashed.
In the result, this Crl.M.C. is allowed and Annexure-A1 Final Report and all further proceedings against the petitioners in C.C.No.970/2015 of the Temporary Judicial First Class Magistrate's Court, Kollam, which has arisen from Crime No.499/2010 of the Pallithottam Police Station, are hereby quashed.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
[True copy] P.S. to Judge
1 issue framed by the court
Whether proceedings under C.C.No.970/2015 can be quashed given the settlement between parties and trivial nature of injuries.
1 provisions across 1 enactments
MUSTHAFA
SANOFAR
JAUHER
STATE OF KERALA
SABEER @ BALU
B. KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
