Allowed

Abdulla.M v. Sub Inspector of Police

Kerala HC18 Jan 2016Crl.MC/75/2016

Case brief

AI extract

What is this about?

Calamorcy court in Crl.MC.No.75/2016 quashed a criminal case titled C.C. No. 2360/2014 during the CRL.MC under section 341, 323, 324, 506(ii) and 34 IPC of the Indians penal Code. The petitioners and the complainant, who is the 2nd respondent herein and the other injured, the 3rd respondent, had set the matter amicably settled. No criminal antecedents were reported against the petitioners. The cou

What did the court decide?

Quashed all further proceedings in C.C. No.2360/2014 against the petitioners based on the Final Report.

Abdulla.M Vs Sub Inspector of Police — Quashing and FIR | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

¶4

MONDAY, THE 18TH DAY OF JANUARY 2016/28TH POUSHA, 1937

¶5

Crl.MC.No. 75 of 2016 ()

¶6

CC.NO. 2360/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1, KASARAGOD CRIME NO. 185/2014 OF ADHUR POLICE STATION,KASARAGOD DISTRICT

¶7

PETITIONER(S)/ACCUSED NOS. 1 TO 4:

¶8

1. ABDULLA M., S/O.IBRAHIM,AGED 43 YEARS, MALANKAI HOUSE, KARADUKKA, KASARAGOD.

¶9

2. SIDDIQUE, S/O.ABDULLA,

¶10

AGED 21 YEARS, RESIDING -DO-

¶11

3. ABDUL SHEREEF, S/O.UMMER,

¶12

AGED 31 YEARS, RESIDING -DO-

¶13

4. MUHAMMED HANEEFA M., S/O.UMMER, AGED 29 YEARS, RESIDING -DO-

¶14

BY ADV. SRI.T.G.RAJENDRAN

¶15

RESPONDENT(S)/COMPLAINANT/STATE:

¶16

1. THE SUB INSPECTOR OF POLICE, ADHUR POLICE STATION, KASARAGOD DISTRICT - 673 121.

¶17

2. VISWANATHAN @ PAVAN RAJ, S/O.ACHUTHAN, AGED 20, MALANKAI HOUSE, KARADUKKA GRAMAM, KASARAGOD - 673 122.

¶18

3. AJESH K.,

¶19

S/O.APPA KUNHI MANIYANI, AGED 24 YEARS, KOLIYADUKKAM HOUSE, KARADUKKA GRAMAM, KASARAGOD - 673 122.

¶20

4. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PIN-682 031.

¶21

R1 & R4 BY PUBLIC PROSECUTOR SMT. MAYA R2 & R3 BY ADV. SRI.CIBI THOMAS

¶22

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶23

sts

¶24

Crl.MC.No. 75 of 2016 ()

¶25

APPENDIX

¶26

PETITIONER(S)' ANNEXURES: --------------------------------------------ANNEX.I - TRUE COPY OF THE FINAL REPORT ANNEX.II - TRUE COPY OF THE AFFIDAVITS SWORN IN BY THE 2ND RESPONDENT ANNEX.III - TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT. RESPONDENT(S)' ANNEXURES: NIL -------------------------------------------------

/TRUE COPY/

P.S.TO JUDGE

sts

B. KEMAL PASHA, J.

¶31

................................................................ CRL.M.C. No. 75 of 2016

¶32

............................................................... Dated this the 18^th day of January, 2016

¶33

O R D E R

¶34

Petitioners are accused in C.C. No.2360/2014 of the Judicial First Class Magistrate's Court-I, Kasaragod, which has arisen from Crime No.185/2014 of the Adhur Police Station, Kasaragod registered for the offences punishable under Sections 341, 323, 324 and 506(ii) of the Indian Penal Code read with Section 34 IPC.

¶35

The matter has been amicably settled between the petitioners and the defacto complainant, who is the second respondent herein and the other injured, who is the 3^rd respondent. They have filed separate affidavits as Annexure II and Annexure III affirming that the matter has been amicably settled between them and the petitioners and they have no complaints against the petitioners.

¶36

CRL.M.C.No. 75 of 2016

¶37

-: 2 :-

¶38

No criminal antecedents have been reported 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.2360/2014 of the Judicial First Class Magistrate's Court-I, Kasaragod, as against the petitioners, based on Annexure I Final Report in Crime No.185/2014 of the Adhur Police Station, can be quashed.

¶39

In the result, this Crl.M.C. is allowed and all further proceedings in C.C. No.2360/2014 of the Judicial First Class Magistrate's Court-I, Kasaragod, as against the petitioners, based on Annexure I Final Report in Crime No.185/2014 of the Adhur Police Station, are hereby quashed.

¶40

Sd/- B. KEMAL PASHA, JUDGE.

¶41

ul/-

¶42

[True copy] P.S. to Judge

Abdulla.M v. Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

Abdulla.M v. Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shameer Vs State of Kerala

Rahul Ramesh Vs Sanal Kumar

Muhammed Kunhi K.P Vs the State of Kerala

Nalli Viswanath Vs State of Kerala

Shiju Mathew Vs State of Kerala

Sarun, S/O.Sivan Vs State of Kerala