Allowed

Illiyas v. the State of Kerala

Kerala HC23 Jan 2018Crl.MC/262/2018

Case brief

AI extract

What is this about?

High Court at Ernakulam quashed the FIR and all subsequent proceedings in a criminal trial arising from charges under Sections 341, 323 and 308 IPC read with Section 34 IPC, being satisfied that the offence was not serious enough to invite Section 308 IPC charges and the matter had been amicable settled.

What did the court decide?

Annexure-A FIR, Annexure-B Final Report and all further proceedings in S.C.No.1005 of 2011 against the petitioner are quashed.

Illiyas Vs the State of Kerala — Quashing and FIR | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

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TUESDAY, THE 23RD DAY OF JANUARY 2018 / 3RD MAGHA, 1939

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Crl.MC.No. 262 of 2018

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----------------------SC 1005/2011 OF ASSISTANT SESSIONS COURT, ATTINGAL CRIME NO. 774/2010 OF VARKALA POLICE STATION , THIRUVANANDAPURAM

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---------

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PETITIONER/ACCUSED.

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ILLIYAS S/O FAISY, KAKKOTTUTHODIYIL HOUSE,KURAKANNI, VARKALA, THIRUVANANTHAPURAM DISTRICT.

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BY ADV.SRI.BABU S. NAIR

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RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:

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1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI.682031-FOR THE SUB INSPECTOR OF POLICE, VARKALA POLICE STATION, THIRUVANANTHAPURAM DISTRICT.

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2. MUHAMMED JASIM, S/O MUHAMMED JAHANGIR, HOUSE NO.45, BLOCK M, KATTEELA, ARUNA NAGAR, OLD DELHI, PIN.110054.

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R1 BY PUBLIC PROSECUTOR SRI C.S.HRITHWICK

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R2 BY ADV. SMT.SHAMSEERA. C.ASHRAF

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.V.

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Crl.MC.No. 262 of 2018 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE A TRUE COPY OF THE F.I.R IN CRIME NO.774/2010 OF THE VARKALA POLICE STATION DATED 16.7.2010. ANNEXURE B TRUE COPY OF THE FINAL REPORT/CHARGE IN CRIME NO.774/2010 OF THE VARKALA POLICE STATION. ANNEXURE C TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DATED 12.12.2017

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RESPONDENTS ANNEXURES: NIL

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K.V. P.S.TO JUDGE

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B.KEMAL PASHA, J.

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======================

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Crl.M.C.No.262 of 2018

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=======================

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Dated this the 23^rd day of January, 2018

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O R D E R

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Petitioner is the 1^st accused in S.C.No.1005 of 2011 of the Assistant Sessions Court, Attingal, which has arisen from Crime No.774 of 2010 of the Varkala Police Station, registered for the offences punishable under Sections 341, 323 and 308 IPC read with Section 34 IPC. The 2^nd accused is no more.

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It seems that the matter has been amicably settled

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between the parties.

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On going through the facts and circumstances of the case, it seems that the matter can be permitted to be settled. This Court is satisfied that there are no ingredients to invite an offence under Section 308 IPC in the matter. It has been reported that no criminal antecedents have been reported against the petitioner. The defacto complainant has filed Annexure-C affidavit affirming that the matter has been amicably settled between him and the petitioner and he has

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Crl.M.C.No.262 of 2018

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no complaints against the petitioner. Considering the fact that the matter has already been settled amicably between the parties, this court is satisfied that no purpose would be served in proceeding with the trial of the case. Matters being so, Annexure-A First Information Report, Annexure-B Final Report and all further proceedings in S.C.No.1005 of 2011 of the Assistant Sessions Court, Attingal, which has arisen from Crime No.774 of 2010 of the Varkala Police Station, as against the petitioner, are liable to be quashed.

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In the result, this Crl.M.C. is allowed and Annexure-A First Information Report, Annexure-B Final Report and all further proceedings in S.C.No.1005 of 2011 of the Assistant Sessions Court, Attingal, which has arisen from Crime No.774 of 2010 of the Varkala Police Station, as against the petitioner, are hereby quashed.

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B.KEMAL PASHA JUDGE

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DSV/23/1/18

Illiyas v. the State of Kerala

Case brief

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Illiyas v. the State of Kerala

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