Allowed

Shijin Saj V.S. v. State of Kerala

Kerala HC16 Mar 2016Crl.MC/94/2016

Case brief

AI extract

What is this about?

Criminal miscellaneous petition filed against six accused in Sessions Court case arising from a 2012 FIR. The High Court observed that the matter had been amicably settled as affirmed by the complainant's affidavit, holding no purpose to proceed further and quashing all proceedings against the petitioners.

What did the court decide?

Quashed all further proceedings against the petitioners in Sessions Court case No.311/2015 arising from Crime No.416/2012.

Shijin Saj V.S. 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

WEDNESDAY, THE 16TH DAY OF MARCH 2016/26TH PHALGUNA, 1937

¶5

Crl.MC.No. 94 of 2016 ()

¶6

AGAINST THE ORDER IN Crl.MC 915/2014 of HIGH COURT OF KERALA

¶7

AGAINST THE JUDGMENT IN SC 311/2015 of SESSIONS COURT, KASARAGOD

¶8

AGAINST THE ORDER/JUDGMENT IN CP 144/2015 of J.M.F.C., KASARAGOD

¶9

PETITIONER(S)/ACCUSED NO.1 TO 6:

¶10

SHIJIN SAJ V.S., AGED 26 YEARS S/O.VIJAYAN, THEKKEYIL MEETHEN HOUSE, ERUTHIYAD, BALUSSERY, KOZHIKODE.

¶11

VIPIN MANIYARA A., AGED 24 YEARS, S/O.GANESHAN A.V., N.T.NIVAS, THAYANERI, PAYYANNUR, KANNUR DISTRICT.

¶12

VIVEK CHANDRAN, AGED 26 YEARS, S/O.PADMINI CHANDRAN, CHANDRAKANTHAM, PARAKANNIKADAVU, KANNUR DISTRICT.

¶13

ASFER BAFA T.K., AGED 26 YEARS, S/O.MOHAMMED REHAMATHULLA, KALIKULANGARA HOUSE, VAZHAKKAD GRAMOM, MALAPPURAM DISTRICT.

¶14

LIJO VARGHESE, AGED 25 YEARS, S/O.A.K.VARGHESE, AYIKKARAKUDI HOUSE, KAMANA, MANANTHAVADI, WAYANAD DISTRICT.

¶15

ASHIQUE P., AGED 25 YEARS, S/O.JAYAPRAKASAN, PARAKUDIYIL HOUSE, KOYA ROAD, KOZHIKODE DISTRICT.

¶16

BY ADV. SRI.I.V.PRAMOD

¶17

Crl.MC.No. 94 of 2016 ()

¶18

¶19

RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:

¶20

STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI - 682 031.

¶21

DILEEP D., AGED 26 YEARS, S/O.DAMODARAN M., ANCHAMKARAMOOLA HOUSE, MULIYAR VILLAGE, KASARAGOD TALUK AND DISTRICT - 671 540.

¶22

R2 BY ADV. SRI.B.VINOD R BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE

¶23

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶24

Crl.MC.No. 94 of 2016 ()

¶25

APPENDIX

¶26

PETITIONER(S)' EXHIBITS

¶27

A1 - A CERTIFIED COPY OF THE FIR IN CRIME NO.416/2012 DATED 3.10.2012

¶28

A2 - THE FIRST INFORMATION STATEMENT OF THE 2ND RESPONDENT DATED 3.10.2012

¶29

A3 - A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.416/2012 OF ADHUR POLICE STATION DATED 28.10.2013

¶30

A4 - THE AFFIDAVIT DATED 4.8.2015 SWORN BY THE 2ND RESPONDENT.

¶31

A5 - A TRUE COPY OF THE ORDER IN CRL. M.C.NO.4484/2013 DATED 9.10.2013

¶32

A6 - A TRUE COPY OF THE ORDER IN CRL. M.C.NO.4634/2013 DATED 18.9.2013

¶33

A7 - A TRUE COPY OF THE ORDER IN CRL. M.C.NO.893/2014 DATED 24.1.2014

¶34

A8 - A TRUE COPY OF THE ORDER IN CRL. M.C.NO.914/2014 DATED 24.1.2014

¶35

A9 - A TRUE COPY OF THE ORDER IN CRL. M.C.NO.915/2014 DATED 24.1.2014

¶36

A10 - A TRUE COPY OF THE ORDER IN CRL. M.C.NO.7430/2014 DATED 30.12.2014.

¶37

A11 - A TRUE COPY OF THE ORDER IN CRL. M.C.NO.4483/2013 DATED 09.10.2013 OF THIS HON'BLE COURT.

¶38

A12 - A TRUE COPY OF THE ORDER IN CRL. M.C.NO.7077/2015 DATED 17.11.2015 OF THIS HON'BLE COURT.

¶39

RESPONDENT(S)' EXHIBITS : NIL

¶40

// True Copy //

¶41

PA to Judge

¶42

B. KEMAL PASHA, J.

¶43

¶44

Crl.M.C. No.94 of 2016

¶45

Dated this the 16^th day of March, 2016

¶46

O R D E R

¶47

~ ~ ~ ~ ~ ~

¶48

Petitioners are accused Nos.1 to 6 in S.C.

¶49

No.311/2015 of the Sessions Court, Kasaragod, which has arisen from Crime No.416/2012 of Adhur Police Station, for the offences punishable under Sections 143, 147, 148, 341, 326 and 308 read with Section 149 IPC.

¶50

It seems that the matter has been amicably settled between the parties. There were several cases against the petitioners during the year 2011-2012 while they were in college. All the cases were either quashed, settled or discharged.

¶51

On going through the matter, this Court is satisfied that there are no ingredients to invite an offence

¶52

under Section 308 IPC in the matter. The 2^nd respondent, who is the de facto complainant, has filed Annexure-A4

¶53

Crl.M.C.94/2016

¶54

: 2 :

¶55

affidavit affirming that the matter has been amicably settled between him and the petitioners and he has no complaints against the petitioners.

¶56

When the matter has been amicably settled between the parties, no purpose would be served in proceeding with the matter any further. Matters being so, all further proceedings against the petitioners in S.C. No.311/2015 of the Sessions Court, Kasaragod, which has arisen from Crime No.416/2012 of Adhur Police Station, can be quashed.

¶57

In the result, this Crl.M.C. is allowed and all further proceedings against the petitioners in S.C. No.311/2015 of the Sessions Court, Kasaragod, which has arisen from Crime No.416/2012 of Adhur Police Station, are quashed.

¶58

Sd/- (B.KEMAL PASHA, JUDGE)

¶59

aks/16/03

¶60

Continued at Page No.3

¶61

Crl.M.C.94/2016

¶62

: 3 :

¶63

The lower court case number “C.P. No.144/2015 of the Judicial First Class Magistrate's Court, Kasaragod” is incorporated after the case number “S.C. No.311/2015 of the Sessions Court, Kasaragod” occurring in the 1^st and 2^nd lines of the first paragraph, 4^th and 5^th lines of paragraph 4 and in the 2^nd and 3^rd lines of the operative portion of the final order dated 16/03/2016 in Crl.M.C. No.94/2016 as per order dated 08/08/2016 in Crl.M.A. No.3312/2016 in Crl.M.C. No.94/2016.

¶64

Sd/Registrar (Judicial)

Shijin Saj V.S. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shijin Saj V.S. 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

Parties & counsel

Coram

Case details

Similar cases

Sunil Sharon Vs State of Kerala

Aneesh Krishnan Vs State of Kerala

Iqbal M.V. Vs the State of Kerala

Shibu Vs State of Kerala

Kochu Muhammed Vs State of Kerala

Biju Joseph Vs State of Kerala