Allowed

Adhil v. State of Kerala

Kerala HC14 Mar 2018Crl.MC/1294/2018

Case brief

AI extract

What is this about?

This criminal miscellaneous petition sought to quash criminal proceedings in the trial court following a settlement between the accused and the victims. The court found the settlement genuine with no public interest involved and allowed the petition, quashing the proceedings.

What did the court decide?

The proceedings in C.P.No.211 of 2017 on the file of the Judicial Magistrate of the First Class, Kasaragod are quashed.

Adhil Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶4

WEDNESDAY, THE 14TH DAY OF MARCH 2018 / 23RD PHALGUNA, 1939

¶5

Crl.MC.No. 1294 of 2018

¶6

C.P.NO. 211/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KASARAGOD

¶7

CRIME NO. 903/2016 OF KASARAGOD POLICE STATION

¶8

PETITIONER(S)/ACCUSED :

¶9

1 ADHIL, AGED 19 YEARS, S/O. SUBAIR, JAMEELA QUARTERS, NR. RAYVIEW DURGA, PALLAM MAKAHAM ROAD, THAYALAMGADI, KASABA VILLAGE.

¶10

2 MUHAMMAD HASSAN RAZI.A, AGED 20 YEARS, ABDUL RAHIM, KELSA MANZIL, NR. RAYVIEW DURGA, PALLAM MAKAHAM ROAD, THAYALAMGADI, KASABA VILLAGE.

¶11

BY ADVS.SRI.T.B.SHAJIMON

¶12

SMT.GOVINDU P.RENUKADEVI

¶13

RESPONDENT(S)/RESPONDENTS/COMPLAINANT/STATE :

¶14

1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

¶15

2. ABDUL JALEEL, AGED 26 YEARS, S/O. KUNHAHAMMED, RESIDING AT KOTTAGANI HOUSE, JUMA MASJID ROAD, NELLIKKUNNU, KASABA VILLAGE, KASARAGOD, KERALA, INDIA.

¶16

3. SHABEER ABDULLA, AGED 24 YEARS, S/O. ABDUL RAHEEM, RESIDING AT NEAR NELLIKKUNNU, JUMA MASJID, NELLIKKUNNU, KASABA VILLAGE, KASARAGOD.

¶17

R1 BY SR.PUBLIC PROSECUTOR SRI.C.S.HRITHWIK R2 & R3 BY ADV. SRI.SOJAN.G.KUNNEL

¶18

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶19

Msd.

¶20

14.03.2018

¶21

Crl.MC.No. 1294 of 2018

¶22

APPENDIX

¶23

PETITIONER(S)' ANNEXURES :

¶24

ANNEXURE A1: THE COPY OF THE FINAL REPORT IN CRIME NO.903/16 KASARAGOD POLICE STATION. ANNEXURE A2: THE COPY OF THE AFFIDAVIT OF THE 2ND RESPONDENT. ANNEXURE A3: THE COPY OF THE AFFIDAVIT OF THE 3RD RESPONDENT.

¶25

RESPONDENT(S)' ANNEXURES :

NIL

//TRUE COPY//

P.S.TO JUDGE

Msd.

14.03.2018

K.ABRAHAM MATHEW J.

¶32

Crl.M.C.No.1294 of 2018

¶33

Dated this the 14^th day of March, 2018

¶34

ORDER

¶35

The petitioners are the accused in C.P.No.211 of 2017 on the file of the Judicial Magistrate of the First Class, Kasaragod. They are alleged to have committed the offences under Sections 308, 324 and 341 IPC. The second and third respondents are the victims. It is submitted that the matter has been settled and the proceedings in the trial court may be quashed.

¶36

Heard the learned counsel for the petitioners and respondents 2 and 3 and the learned Public Prosecutor.

¶37

I have perused the affidavits filed by respondents 2 and 3 who have appeared through counsel. I am satisfied that the allegation of settlement is true and no public interest is involved in this case. There is no impediment for granting the prayer of the petitioners.

¶38

In the result, this Crl.M.C is allowed. The proceedings in C.P.No.211 of 2017 on the file of the Judicial Magistrate of the First Class, Kasaragod are quashed.

¶39

Sd/-

¶40

K.ABRAHAM MATHEW JUDGE

¶41

cms

¶42

/True copy/ P.S.to Judge

Adhil v. State of Kerala

Case brief

What is this about?

What did the court decide?

Adhil 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

Muhammed Farooque Vs State of Kerala

Thahina Vs State of Kerala

Smaran Britto Vs State of Kerala

Nithin Vs State of Kerala

Jayalal M. Vs State of Kerala

Haseena Vs State of Kerala