Allowed

Musthafa v. the Sub Inspector of Police

Kerala HC25 Jan 2018Crl.MC/319/2018

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition and quashed all further proceedings in a criminal case involving offences under Sections 447, 324 and 34 of the IPC, as the matter had been amicably settled between the petitioners and the complainant, rendering a trial unnecessary.

What did the court decide?

All further proceedings in C.C.No.593/2017 against the petitioners are quashed.

Musthafa Vs the Sub Inspector of Police — Criminal Trial and Appeal | 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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THURSDAY, THE 25TH DAY OF JANUARY 2018 / 5TH MAGHA, 1939

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Crl.MC.No. 319 of 2018

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CC. NO.593/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KASARAGOD CRIME NO. 140/2017 OF MANJESHWAR POLICE STATION, KASARAGOD.

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PETITIONERS/ACCUSED NOS.1 TO 4

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1 MUSTHAFA, S/O. MOIDEEN FAKRUDHEEN, AGED 37 YEARS, KADAL HOUSE, I.M. ROAD, UDYAVAR, KASARAGOD.

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2 MOIDEEN FAKRUDHEEN, S/O.FAKRUDHEEN, AGED 74 YEARS, KADAL HOUSE, I.M. ROAD, UDYAVAR, KUNJATHOOR, KASARAGOD.

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3 AFSAD, S/O.MOIDEEN FAKRUDHEEN, AGED 33 YEARS, KADAL HOUSE, I.M. ROAD, UDYAVAR, KASARAGOD.

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4 MAJEED, S/O. MUHAMMED, AGED 51 YEARS, KADAL HOUSE, I.M. ROAD, UDYAVAR, KASARAGOD. BY ADVS.SRI.K.PRAVEEN KUMAR, SMT.ANN SUSAN GEORGE.

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RESPONDENTS/COMPLAINANT AND STATE:

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1. THE SUB INSPECTOR OF POLICE, MANJESHWAR POLICE STATION, KASARAGOD DISTRICT-671323. 2. ASIF ABOOBACKER, AGED 36 YEARS, S/O.ABOOBACKER MOIDEEN, H.M. HOUSE, NEAR JUMA MASJID MADA, KUNJATHUR VILLAGE, MANJESHWAR TALUK, KASARAGOD- 671 323. 3. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. R1 BY PUBLIC PROSECUTOR SRI.ALEX M.THOMBRA. R2 BY ADV. SRI.CIBI THOMAS

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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Crl.MC.No. 319 of 2018 ()

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APPENDIX

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PETITIONER'S ANNEXURES:

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ANNEXURE I- TRUE COPY OF THE FINAL REPORT.

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ANNEXURE II- TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT.

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RESPONDENT'S ANNEXURES: NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

B. KEMAL PASHA, J.

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................................................................ CRL.M.C. No. 319 of 2018

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............................................................... Dated this the 25^th day of January, 2018

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O R D E R

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Petitioners are accused in C.C.No.593/2017 of the Judicial First Class Magistrate's Court-II, Kasaragod, which has arisen from Crime No.140/2017 of the Manjeshwar Police Station, Kasaragod, registered for the offences punishable under Sections 447 and 324 read with Section 34 of the Indian Penal Code.

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It seems that the matter has been amicably settled between the petitioners and the defacto complainant, who is the 2^nd respondent herein.

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The 2^nd respondent has filed Annexure II affidavit affirming that the matter has been amicably settled between

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him and the petitioners and presently, he has no complaints

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CRL.M.C.No. 319 of 2018

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-: 2 :-

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against the petitioners. 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, all further proceedings in C.C.No.593/2017 of the Judicial First Class Magistrate's Court-II, Kasaragod, as against the petitioners, based on Annexure I Final Report in Crime No.140/2017 of the Manjeshwar Police Station, Kasaragod, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.593/2017 of the Judicial First Class Magistrate's Court-II, Kasaragod, as against the petitioners, based on Annexure I Final Report in Crime No.140/2017 of the Manjeshwar Police Station, Kasaragod, are hereby quashed.

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Sd/- B. KEMAL PASHA, JUDGE.

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ul/-

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[True copy]

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P.S. to Judge.

Musthafa v. the Sub Inspector of Police

Case brief

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Musthafa v. the Sub Inspector of Police

Case brief

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