Allowed

Musthafa.a.P v. the State of Kerala

Kerala HC24 Jan 2018Crl.MC/284/2018

Case brief

AI extract

What is this about?

In Criminal Miscellaneous Case 284/2018, the High Court of Kerala at Ernakulam, Justice B. Kemal Pasha, allowed a petition to quash criminal proceedings against the 4th accused. The court found that the matter between the petitioner and complainants had been amicably settled, rendering further proceedings futile.

What did the court decide?

All further proceedings against the petitioner in CC No.1108/2017 of the Judicial First Class Magistrate's Court-II, Kannur are quashed.

Musthafa.a.P 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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WEDNESDAY, THE 24TH DAY OF JANUARY 2018 / 4TH MAGHA, 1939

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Crl.MC.No. 284 of 2018

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----------------------

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CC 1108/2017 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KANNUR

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PETITIONER/ACCUSED NO.4 :

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-----------------------

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MUSTHAFA.A.P.,S/O.MAMMU, AGED 30 YEARS, AITTANDI PUTHIYAPURAYIL, ETTAKAYAM, KANNUR DISTRICT.

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BY ADVS.SRI.K.R.AVINASH (KUNNATH)

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SRI.ABDUL RAOOF PALLIPATH

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SRI.PRAJIT RATNAKARAN

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RESPONDENT/DEFACTO COMPLAINANTS & STATE:

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1. THE STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, IRIKKUR POLICE STATION, KANNUR, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2. IBRAHIM C.P.,

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S/O.MAMMAD, AGED 62 YEARS, A.P.HOUSE, ETTAKAYAM P.O., IRIKKUR, KANNUR-670593.

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3. KABEERUDHEEN A.P.,

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S/O.IBRAHIM, AGED 33 YEARS, A.P.HOUSE, ETTAKAYAM P.O., IRIKKUR, KANNUR-670593.

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R1 BY PUBLIC PROSECUTOR SRI.JAYASURYA

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R2 TO R3 BY ADV. SRI.C.H.ABDUL RASAC

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-01-2018,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 284 of 2018 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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ANNEXURE 1- TRUE COPY OF THE FIR IN CRIME NO.224/2015. ANNEXURE 2- TRUE COPY OF THE JUDGMENT OF THE JFCM COURT-II,KANNUR IN CC.744/2015 DATED 09/08/2017. ANNEXURE 3- TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT. ANNEXURE 4- TRUE COPY OF THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT.

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RESPONDENT'S ANNEXURES : NIL.

//TRUE COPY//

P.S. TO JUDGE

B. KEMAL PASHA, J.

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Crl.M.C. No.284 of 2018

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Dated this the 24^th day of January, 2018

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O R D E R

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~ ~ ~ ~ ~ ~

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Petitioner is the 4^th accused in CC No.1108/2017

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of the Judicial First Class Magistrate's Court-II, Kannur, which has arisen from Crime No.224/2015 of Irikkur Police Station for the offences punishable under Sections 341, 323 and 324 read with Section 34 IPC.

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It seems that the matter has been amicably settled between the petitioner and the de facto complainant, who is the 2^nd respondent herein. The 3^rd respondent is the other injured. A1 to A3 were acquitted through Annexure-2 judgment.

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Respondents 2 and 3 have filed Annexures-3 and

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4 affidavits respectively, affirming that the matter has been amicably settled between them and the petitioner and presently, they have no complaints against the petitioner.

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Crl.M.C.284/2018

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: 2 :

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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 petitioner in CC No.1108/2017 of the Judicial First Class Magistrate's Court-II, Kannur, which has arisen from Crime No.224/2015 of Irikkur Police Station, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings against the petitioner in CC No.1108/2017 of the Judicial First Class Magistrate's Court-II, Kannur, which has arisen from Crime No.224/2015 of Irikkur Police Station,

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are quashed.

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/24/01

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// True Copy //

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PS to Judge

Musthafa.a.P v. the State of Kerala

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Musthafa.a.P v. the State of Kerala

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