Allowed

Raslef v. Nadeer P.P.

Kerala HC12 Feb 2016Crl.MC/660/2016

Case brief

AI extract

What is this about?

This judgment allowed a criminal miscellaneous case to quash criminal proceedings initiated against petitioners for offences under Sections 341, 323, 324, and 308 IPC. The court observed that the matter had been amicably settled between the petitioners and the complainant, rendering further prosecution purposeless.

What did the court decide?

All further proceedings against the petitioners based on the First Information Report in Crime No.80 of 2016 quashed.

Raslef Vs Nadeer P.P. — Dowry and Cruelty | 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 12TH DAY OF FEBRUARY 2016/23RD MAGHA, 1937

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Crl.MC.No. 660 of 2016

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CRIME NO. 80/2016 OF CHOKLI POLICE STATION, KANNUR DISTRICT.

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PETITIONER(S)/ACCUSED 1 AND 2:

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1. RASLEEF, S/O. MUHAMMEDALI,

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AGED 22 YEARS, KEEPPARA HOUSE, CHOKLI P.O.,

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PERINGATHUR, THALASSERY, THALUK.

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2. SHAMEER, S/O. ABDULLA, AGED 27 YEARS,

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ARAFAYIL, VEYATH HOUSE, CHOKLI,

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PERINGATHUR, THALASSERY TALUK.

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BY ADV. SRI.ZUBAIR PULIKKOOL

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RESPONDENT(S)/COMPLAINANT:

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1. NADEER P.P., S/O. ISMAIL, AGED 31 YEARS, RUKIYAS HOUSE, KATHIRUR P.O.,

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THALASSERY TALUK, PIN - 670 101.

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2. STATE OF KERALA,

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REPRESENTED BY PUBLIC PROSECUTOR,

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HIGH COURT OF KERALA,

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ERNAKULAM, PIN - 682 031.

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R1 BY ADV. SMT.A.P.RUFAIJA

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R2 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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Crl.MC.No. 660 of 2016

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APPENDIX

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PETITIONERS' ANNEXURES:

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ANNEXURE 1 : CERTIFIED COPY OF FIRST INFORMATION REPORT WITH F.I STATEMENT IN CRIME NUMBER 80/2016 OF CHOKLI POLICE STATION.

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ANNEXURE 2 : SWORN AFFIDAVIT OF 1ST RESPONDENT.

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RESPONDENTS' ANNEXURES: NIL.

//TRUE COPY//

P.S. TO JUDGE

mbr/

B. KEMAL PASHA, J.

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====================

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CRL.M.C. No.660 of 2016

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====================

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Dated this the 12^th day of February, 2016

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O R D E R

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Petitioners are accused in Crime No.80 of 2016

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of the Chokli Police Station, registered for the offences punishable under Sections 341, 323, 324 and 308 IPC read with Section 34 IPC.

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The matter has been amicably settled between the petitioners and the defacto complainant, who is the 1^st respondent herein. The defacto complainant has filed Annexure-2 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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On going through the matter, this Court is satisfied that there are no ingredients to invite an offence under Section 308 IPC in the matter. When the matter has

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been amicably settled, no purpose would be served in

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CRL.M.C.No.660 of 2016

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-: 2 :-

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proceeding with the matter further, and therefore, all further proceedings as against the petitioners, based on Annexure1 First Information Report in Crime No.80 of 2016 of the Chokli Police Station, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings as against the petitioners, based on Annexure1 First Information Report in Crime No.80 of 2016 of the Chokli Police Station, are hereby quashed.

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Sd/- B. KEMAL PASHA, JUDGE.

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DSV/12/2/16

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// true copy //

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P.A. to Judge.

Raslef v. Nadeer P.P.

Case brief

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Raslef v. Nadeer P.P.

Case brief

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