Allowed

Latheef v. State of Kerala

Kerala HC3 Mar 2016Crl.MC/861/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition filed by accused persons seeking to quash criminal proceedings. The court held that since the matter had been amicably settled by the de-facto complainant and injuries were trivial, no purpose would be served in continuing the trial, and the proceedings were quashed.

What did the court decide?

Quashing of all further proceedings in C.C. No.304/2015 based on the Final Report lodged by police.

Latheef Vs State of Kerala — 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

THURSDAY, THE 3RD DAY OF MARCH 2016/13TH PHALGUNA, 1937

¶5

Crl.M.C.No.861 of 2016

¶6

C.C.No.304/2015 of JUDICIAL FIRST CLASS MAGISTRATE'S COURT, NADAPURAM, KOZHIKODE

¶7

CRIME NO.1057/2015 OF NADAPURAM POLICE STATION, KOZHIKODE

¶8

PETITIONER/ACCUSED:

¶9

1. LATHEEF, AGED 27 YEARS, S/O.ANDRU, THAYYULLATHIL HOUSE, VISHUNUMANGALAM, CHIYYOOR, NADAPURAM, KOZHIKODE DISTRICT.

¶10

2. ANWAR SADATH AGED 39 YEARS S/O.AMMED, ATHILLATT HOUSE, NARIPETTA KUTTIADY, KOZHIKODE DISTRICT.

¶11

3. ANSAR, S/O.MOIDU HAJI, AGED 39 YEARS, THAYYULLATHIL HOUSE, VISHUNUMANGALAM, CHIYYOOR NADAPURAM, KOZHIKODE DISTRICT.

¶12

4. HARRIS, AGED 37 YEARS S/O.MOIDU HAJI, THYYULLATHIL HOUSE, VISHUNUMANGALAM CHIYYOOR, NADAPURAM, KOZHIKODE DISTRICT.

¶13

5. ISMAYIL, AGED 32 YEARS S/O.HASSAN, VALIYA PARAMBATH HOUSE, VISHUNUMANGALAM CHIYYOOR, NADAPURAM, KOZHIKODE DISTRICT.

¶14

6. ANDRU HAJI, AGED 56 YEARS S/O.KUNHAMMED, VALIYA PARAMBATH HOUSE, VISHUNUMANGALAM CHIYYOOR, NADAPURAM, KOZHIKODE DISTRICT.

¶15

7. SHAMSUDHEEN, AGED 19 YEARS S/O.ANDRU HAJI, VALIYA PARAMBATH HOUSE, VISHUNUMANGALAM CHIYYOOR, NADAPURAM, KOZHIKODE DISTRICT.

¶16

8. HAMEED, AGED 28 YEARS, S/O.AMMED MUSALIYAR, DEVARKUNNATH, ARIPPETTA, KUTTIADY, KOZHIKODE DISTRICT.

¶17

9. LATHEEF, AGED 31 YEARS, S/O.ALI, PARAVATH HOUSE, VISHUNUMANGALAM, CHIYYOOR, NADAPURAM, KOZHIKODE DISTRICT. BY ADV. SRI.ABDURAHIMAN VAYALIL PEEDIKAYIL

¶18

[P.T.O]

¶19

Crl.M.C.No.861 of 2016

¶20

=: 2 :=

¶21

RESPONDENTS/COMPLAINANT/DE-FACTO COMPLAINANT:

¶22

1. STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, NADAPURAM POLICE STATION, KOZHIKODE THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682 031.

¶23

2. MR.ABDULLA, AGED 50 YEARS, S/O.KUTTIADY, PAZHAYA PEEDIKAYIL HOUSE, VISHUNUMANGALAM CHIYYOOR, NADAPURAM, KOZHIKODE DISTRICT - 673 001.

¶24

BY PUBLIC PROSECUTOR, SMT. MAYA FOR R1 BY ADV. SRI.J.ABHILASH FOR R2

¶25

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 3.03.2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶26

PtK/

¶27

Crl.M.C.No. 861 of 2016

¶28

APPENDIX

¶29

PETITIONERS' EXHIBITS ANNEXURE-A1: TRUE COPY OF FINAL REPORT IN CRIME NO.1057/15 OF NADAPURAM POLICE STATION. ANNEXURE-A2: AFFIDAVIT RESPONDENTS' EXHIBITS: NIL

// TRUE COPY //

P.S. TO JUDGE

PtK/

B. KEMAL PASHA, J.

¶34

................................................................ CRL.M.C. No. 861 of 2016

¶35

............................................................... Dated this the 3^rd day of March, 2016

¶36

O R D E R

¶37

Petitioners are the accused in C.C. No.304/2015 of the Judicial First Class Magistrate's Court, Nadapuram, Kozhikode, which has arisen from Crime No.1057/2015 of the Nadapuram Police Station, Kozhikode, registered for the offences punishable under Sections 143, 147, 148, 341, 323, 294(b) and 324 of the Indian Penal Code read with Section 149 IPC.

¶38

The matter has been amicably settled between the petitioners and the defacto complainant, who is the second respondent herein. He has filed Annexure A2 affidavit affirming that the matter has been amicably settled between him and the petitioners and he has no complaints against the petitioners. The injuries sustained to the injured

¶39

CRL.M.C.No. 861 of 2016

¶40

-: 2 :-

¶41

are trivial.

¶42

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.304/2015 of the Judicial First Class Magistrate's Court, Nadapuram, Kozhikode, as against the petitioners, based on Annexure A1 Final Report in Crime No.1057/2015 of the Nadapuram Police Station, can be quashed.

¶43

In the result, this Crl.M.C. is allowed and all further proceedings in C.C. No.304/2015 of the Judicial First Class Magistrate's Court, Nadapuram, Kozhikode, as against the petitioners, based on Annexure A1 Final Report in Crime No.1057/2015 of the Nadapuram Police Station, are hereby

¶44

quashed.

¶45

Sd/- B. KEMAL PASHA, JUDGE.

¶46

ul/-

¶47

[True copy] P.S. to Judge

Latheef v. State of Kerala

Case brief

What is this about?

What did the court decide?

Latheef v. State of Kerala

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

M.Prabhaker Kini Vs Deputy Commissioner of Income Tax (Tds), Kochi

Aziz Vs State of Kerala

Muhammed Shareef Vs State of Kerala

Shanavas B. Vs State of Kerala

Aji Kumar Vs State of Kerala

Gokuldas Vs State of Kerala