Allowed

Shekkeermuhammed Ashraf v. State of Kerala

Kerala HC19 Jan 2016Crl.MC/96/2016

Case brief

AI extract

What is this about?

Criminal miscellaneous petition filed under Section 482 CrPC by the accused to quash criminal proceedings. The court upheld jurisdiction based on the settlement of the cause between the petitioner and complainant, holding that continuation of further proceedings would serve no purpose. Accordingly, the FIR and challans were quashed along with all pending criminal trial proceedings.

What did the court decide?

All further proceedings against the petitioner in CC No.564/2005 are quashed.

Shekkeermuhammed Ashraf Vs State of Kerala — Kerala HC (2016) — LawSathi Research

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

¶4

TUESDAY, THE 19TH DAY OF JANUARY 2016/29TH POUSHA, 1937

¶5

Crl.MC.No. 96 of 2016

¶6

CC 370/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ERNAKULAM CRIME NO. 87/2005 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM

¶7

PETITIONER(S)/ACCUSED NO.3:

¶8

SHEKKEER MUHAMMED ASHRAF AGED 35, S/O.MUHAMMED ASHRAF, H.NO.1/1077, KUNNUMPURAM, FORT KOCHI-682 001, ERNAKULAM DISTRICT.

¶9

BY ADV. SRI.SHERRY J. THOMAS

¶10

RESPONDENT(S)/DEFACTO COMPLAINANT:

¶11

--------------------------------------------------------------

¶12

1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.- 682 031.

¶13

2. ANUKUTTAN, S/O.CHANDRABOSE, AGED 35, VALLIAPARAMBU, KARUKUTTY, VAIKOM VILLAGE - 683 576.

¶14

R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE

¶15

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶16

msv/

¶17

Crl.MC.No. 96 of 2016

¶18

APPENDIX

¶19

PETITIONER(S)' ANNEXURES:

¶20

A1- THE CERTIFIED COPY OF THE FIR IN CRIME NO.87/2005 OF CENTRAL POLICE STATION, ERNAKULAM

¶21

A2 - CERTIFIED COPY OF THE FINAL REPORT IN CC NO.370/2014

¶22

A3 - THE CERTIFIED COPY OF THE ORDER DATED 7.3.14 IN CC NO.564/2005

¶23

A4 - THE TRUE COPY OF THE COMPROMISE PETITION DATED 7.3.14 FILED BEFORE THE COURT BELOW BY THE COUNSEL FOR ACCUSED.

¶24

A5 - THE ORIGINAL OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT STATING THE TERMS OF SETTLEMENT.

¶25

RESPONDENT(S)' ANNEXURES:

NIL

//TRUE COPY//

P.S.TO JUDGE

Msv/

B. KEMAL PASHA, J.

¶31

¶32

Crl.M.C. No.96 of 2016

¶33

Dated this the 19^th day of January, 2016

¶34

O R D E R

¶35

~ ~ ~ ~ ~ ~

¶36

Petitioner is the 3^rd accused in CC No.564/2005

¶37

of the Judicial First Class Magistrate's Court-II, Ernakulam, which has arisen from Crime No.87/2005 of Central Police Station, Ernakulam, for the offences punishable under Sections 323 and 324 read with Section 34 IPC.

¶38

It seems that the matter has been amicably settled between the petitioner and the de facto complainant, who is the 2^nd respondent herein.

¶39

The 2^nd respondent has filed Annexure-A5 affidavit affirming that the matter has been amicably settled between him and the petitioner and presently, he has no complaints against the petitioner. No criminal antecedents have been reported against the petitioner. The injuries sustained to the de facto complainant are trivial. No

¶40

Crl.M.C.96/2016

¶41

: 2 :

¶42

purpose would be served in proceeding with the matter further. Matters being so, all further proceedings against the petitioner in CC No.564/2005 of the Judicial First Class Magistrate's Court-II, Ernakulam, which has arisen from Crime No.87/2005 of Central Police Station, Ernakulam, can be quashed.

¶43

In the result, this Crl.M.C. is allowed and all further proceedings against the petitioner in CC No.564/2005 of the Judicial First Class Magistrate's Court-II, Ernakulam, which has arisen from Crime No.87/2005 of Central Police Station, Ernakulam, are quashed.

¶44

Sd/- (B.KEMAL PASHA, JUDGE)

¶45

aks/19/01

¶46

// True Copy //

¶47

PA to Judge

Shekkeermuhammed Ashraf v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shekkeermuhammed Ashraf v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Abdulla.M Vs Sub Inspector of Police

Nalli Viswanath Vs State of Kerala

Shiju Mathew Vs State of Kerala

Nizamudeen Vs State of Kerala

Shafeer Vs State of Kerala

Sirajudheen K. Vs Muhammed Riyas