The High Court of Kerala at Ernakulam quashed criminal proceedings against petitioners in CC No. 495/2017 and LP No. 18/2016 arising from the same incident, as the matter had been amicably settled between the accused and the de facto complainant.
All further proceedings against the 1st petitioner in CC No. 495/2017 and the 2nd petitioner in LP. 18/2016 are 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 B.KEMAL PASHA
TUESDAY, THE 23RD DAY OF JANUARY 2018 / 3RD MAGHA, 1939
Crl.MC.No. 4 of 2018
--------------------L.P.NO.18/2016 IN CC 495/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,NADAPURAM CRIME NO. 157/2009 OF VALAYAM POLICE STATION , KOZHIKODE
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PETITIONER(S)/ACCUSED
1 ABDULLA, S/O.AMMAD, AGED 45 YEARS, THARAPARATHU HOUSE, CHEKKIAD AMSOM, UMMATHIUR DESOM, PARAKADAVU P.O., VADAKARA TALUK, KOZHIKODE DISTRICT, PIN-673501.
2 SIRAJ, S/O.MOIDEEN KUTTY, AGED 35 YEARS, KOYAMBARATH HOUSE, CHEKKIAD AMSOM, UMMATHIUR DESOM, PARAKADAVU P.O., VADAKARA TALUK, KOZHIKODE DISTRICT, PIN-673501.
BY ADV.SRI.M.G.SREEJITH
RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VALAYAM POLICE STATION, KOZHIKODE DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN-682031.
2. MUNEER, S/O.ABDULLA, AGED 30 YEARS, MADAYANTAVIDA HOUSE, PARAKADAVU P.O., PARAKADAVU AMSOM, VADAKARA TALUK, KOZHIKODE DISTRICT, PIN-673501. 3. FAISAL, S/O.ABDULLA, AGED 42 YEARS, MODAMBARATHU HOUSE, PARAKADAVU P.O., PARAKADAVU AMSOM, VADAKARA TALUK, KOZHIKODE DISTRICT, PIN-673501.
R1 BY PUBLIC PROSECUTOR SRI C.S.HRITHWICK R2 & R3 BY ADV. SRI.BOBBYMATHEW KOOTHATTUKULAM
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.V.
Crl.MC.No. 4 of 2018 ()
PETITIONER(S)' ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF FINAL REPORT IN C.C.NO.495/2017 AND L.P.NO.18/2016 PENDING BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, NADAPURAM. ANNEXURE A2 AFFIDAVIT FILED BY 2ND RESPONDENT DATED 23-12-2017. ANNEXURE A3 AFFIDAVIT FILED BY 3RD RESPONDENT DATED 23-12-2017.
RESPONDENTS ANNEXURES: NIL
/TRUE COPY/ K.V. P.S.TO JUDGE
B. KEMAL PASHA, J.
Crl.M.C. No.4 of 2018
Dated this the 23rd day of January, 2018
~ ~ ~ ~ ~ ~
The 1st petitioner is the accused in CC
No.495/2017 and the 2nd petitioner is the accused in LP.18/2016 of the Judicial First Class Magistrate's Court, Nadapuram, which have arisen from Crime No.157/2009 of Valayam Police Station for the offences punishable under Sections 143, 147, 148, 323 and 324 read with Section 149 IPC.
Crl.M.C.4/2018
: 2 :
presently, they have no complaints against the petitioners. When the matter has been amicably settled between the parties, no purpose would be served in proceeding with the matter further. Matters being so, all further proceedings against the 1st petitioner in CC No.495/2017 and the 2nd petitioner in LP.18/2016 of the Judicial First Class Magistrate's Court, Nadapuram, which have arisen from Crime No.157/2009 of Valayam Police Station, can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings against the 1st petitioner in CC No.495/2017 and the 2nd petitioner in LP.18/2016 of the Judicial First Class Magistrate's Court, Nadapuram, which have arisen from Crime No.157/2009 of Valayam Police Station, are quashed.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/23/01
// True Copy //
PS to Judge
1 issue framed by the court
Whether proceedings against petitioners can be quashed after the matter was amicably settled between parties.
4 provisions across 1 enactments
Abdulla
Siraj
State of Kerala
Muneer
Faisal
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
