The Court refused to quash the final report and dismiss criminal proceedings against the petitioners on the ground that the matter was not settled. The Court closed the petition but permitted reopening if a settlement is reached later.
None. The petition was dismissed as the matter was not settled. Petitioners may approach the Court again upon settlement.
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 B.SUDHEENDRA KUMAR
TUESDAY, THE 8TH DAY OF AUGUST 2017/17TH SRAVANA, 1939
Crl.MC.No. 4552 of 2017 ()
CC 13/2017 of J.M.C., PONNANI
CRIME NO. 509/2016 OF CHANGARAMKULAM POLICE STATION, MALAPPURAM
PETITIONER(S)/ACCUSED 1 TO 3:
1. MOHAMMED AFSAL
2. ABDULLAKUTTY, AGED 65 YEARS, S/O. BAKKU, THEKKUNITHEL HOUSE, NEAR JUMA MASJID, KOLALAMB, EDAPAL, MALAPPURAM DISTRICT.
3. SUBAIDA AGED 61 YEARS, W/O. ABDULLAKUTTY, THEKKUNITHEL HOUSE, NEAR JUMA MASJID, KOLALAMB, EDAPAL, MALAPPURAM DISTRICT.
BY ADV. SRI.K.K.MOHAMED RAVUF
RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT:
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM
2. FATHIMA P AGED 19 YEARS, D/O. ABDUL RAHIMAN, PILAKKAL HOUSE, MOOKKUTHALA P.O, MALAPPURAM DISTRICT.
R2 BY ADV. SRI.K.A.ANISH R1 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08-08-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4552 of 2017 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE-A-1 TRUE COPY OF THE FIR IN CRIME NO 509/2016 OF CHANGARAMKULAM POLICE STATION, MALAPPURAM DISTRICT
ANNEXURE--A-2 TRUE COPY OF THE FINAL REPORT IN CRIME NO 509/2016 OF CHANGARAMKULAM POLICE STATION, MALAPPURAM DISTRICT
ANNEXURE- A-3 TRUE COPY OF THE AGREEMENT DATED 3/6/2017 ENTERED INTO BETWEEN THE 1ST PETITIONER AND 2ND RESPONDENT
ANNEXURE-A-4 AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 28/6/2017
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
STK
B. SUDHEENDRA KUMAR, J.
--------------------------------
Crl.M.C. No.4552 of 2017
Dated this the 8th day of August, 2017
O R D E R
The second respondent is present in person. She has submitted that the matter is not yet settled.
However, this order will not stand in the way of the petitioners in approaching this Court again, if the matter is settled.
Sd/-
B. SUDHEENDRA KUMAR, JUDGE
STK
//TRUE COPY//
//P.A. TO JUDGE//
2 issues framed by the court
Whether the impugned final report can be quashed on the ground that the matter has not been settled.
Whether the petitioners are allowed to seek quashing of proceedings in future if the matter is settled.
Mohammed Afsal
Abdullakutty
Subaida
State of Kerala
Fathima P
B. Sudheendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
