The High Court quashed criminal proceedings instituted under sections 143, 147, 148, 341, 323, 448, 506 IPC invoking jurisdiction under section 482 CrPC based on the parties' settlement and absence of serious allegations against the petitioners.
Crl.M.C.No. 397 of 2017 allowed; criminal proceedings arising from Crime No. 1196 of 2014 quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 14TH DAY OF FEBRUARY 2017/25TH MAGHA, 1938
Crl.MC.No. 397 of 2017 ()
AGAINST THE ORDER/JUDGMENT IN CC 1401/2015 of J.M.F.C.,VADAKARA CRIME NO. 1196/2014 OF VATAGARA POLICE STATION , KOZHIKODE
PETITIONER(S)/ACCUSED:
1. RAYEES AGED 22 YEARS, S/O. POCKER, PILATHOTTATHIL HOUSE, KOTTAPALLY P.O., VADAKARA, KOZHIKODE DISTRICT.
2. NASIM AGED 22 YEARS, S/O. ABDULLA, VAZHERI HOUSE, KOTTAPALLY P.O., VADAKARA, KOZHIKODE DISTRICT.
3. RASHEED AGED 23 YEARS, S/O. POCKER, PILATHOTTATHIL HOUSE, KOTTAPALLY P.O., VADAKARA, KOZHIKODE DISTRICT.
4. MUBARACK
AGED 23 YEARS, S/O. SOOPPY, CHUNDOLI MEETHAL HOUSE, KOTTAPALLY P.O., VADAKARA, KOZHIKODE DISTRICT.
5. FAYIS AGED 22 YEARS, S/O. ASHRAF, VAZHERI HOUSE, KOTTAPALLY P.O., VADAKARA, KOZHIKODE DISTRICT.
6. ANAZ AGED 22 YEARS, S/O. ANDRU, PURATHOOTTAYIL HOUSE, KOTTAPALLY P.O., VADAKARA, KOZHIKODE DISTRICT.
Crl.MC.No. 397 of 2017
7. JASIM AGED 22 YEARS, S/O. KUNHABDULLA, KOMATH HOUSE, KOTTAPALLY P.O., VADAKARA, KOZHIKODE DISTRICT.
8. AJAZ AGED 23 YEARS, S/O. HAMEED, MANHAPURATH HOUSE, KOTTAPALLY P.O., VADAKARA, KOZHIKODE DISTRICT.
BY ADVS.SRI.K.S.ARUN KUMAR SRI.JUSTINE JACOB SMT.RESMI THOMAS
RESPONDENT(S)/COMPLAINANT:
1. STATE OF KERALA REPRESNETED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. SREEJITH K.P
R2 BY ADV. SRI.P.A.VIBIN BY PUBLIC PROSECUTOR:SRI AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 14-02-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 397 of 2017 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE 1 TRUE COPY OF THE CHARGE SHEET IN CRIME NO. 1196/2014 OF VADAKARA POLICE STATION.
ANNEXURE 2 TRUE COPY OF THE AFFIDAVIT SWORN BY THE SECOND RESPONDENT.
RESPONDENT(S)' EXHIBITS:NIL
True Copy / P A to Judge
SUNIL THOMAS, J.
=================
Crl.M.C.No.397 of 2017
=================
Dated this the 14th day of February, 2017
ORDER
Petitioners are accused in Crime No.1196 of 2014 of Vatakara Police station for offences punishable under sections 143, 147, 148, 341, 323, 448, 506(1) r/w 149 of Indian Penal Code.
Crl.M.C.397/17
2
offence punishable under section 326IPC.
In the result, Crl.M.C is allowed. All further proceedings arising from Crime No.1196 of 2014 of Vatakara Police station stand quashed.
Sd/- SUNIL THOMAS Judge
Sbna/14/2/17
True Copy / P A to Judge
2 issues framed by the court
Whether criminal proceedings should be quashed in view of the settlement of the dispute between the parties.
Whether the pendency of a separate case under section 326 IPC prevents the quashing of the present proceedings.
2 provisions across 2 enactments
RAYEES
NASIM
RASHEED
MUBARACK
FAYIS
ANAZ
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
