The Court allowed the Criminal Miscellaneous Petition and quashed further proceedings against the petitioners accused under the Indian Penal Code. The Court found that the matter had been amicably settled, causing no purpose in continuing the case.
All further proceedings against the petitioners in Crime No. 400/2017 of the Mancherry Police Station 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
MONDAY, THE 5TH DAY OF FEBRUARY 2018 / 16TH MAGHA, 1939
Crl.MC.No. 540 of 2018
CRIME NO.400/2017 OF MANCHERRY POLICE STATION, MALAPPURAM
PETITIONERS/ACCUSED:
1 ALAVIKUTTY, S/O.MOIDEENKUTTY, ALUNGA PARAMBIL, OLAMATHIL, THRIPANACHI, MANJERI, MALAPPURAM DISTRICT.
2 MUHAMMED, S/O. MOIDEENKUTTY, ALUNGA PARAMBIL, OLAMATHIL, MANJERI, MALAPPURAM DISTRICT.
4 AZEEZ @ ANEES, S/O. ALAVI, OLAMATHIL, MANJERI, MALAPPURAM DISTRICT.
5 NOUSHAD, S/O.MUHAMMED OLAMATHIL, THRIPANACHI, MANJERI, MALAPPURAM DISTRICT.
6 MUHAMMED ASIF, THONNATH HOUSE, OLAMATHIL, MANJERI, MALAPPURAM DISTRICT.
7 JAFFAR, NOTTATH HOUSE, OLAMATHIL MANJERI, MALAPURAM DISTRICT.
8 BIJESH, OLAMATHIL, MANJERI, MALAPPURAM DISTRICT.
BY ADV.SRI.K.S.PRAVEEN
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 FOR THE SUB INSPECTOR OF POLICE, MANCHERRY POLICE STATION, MALAPPURAM DISTRICT.
Crl.MC.No. 540 of 2018
2. MUHAMMED, S/O ALAVI HAJI, PATTILAKATH HOUSE, OLAMATHIL, THRIANACHI, MANJERI, MALAPPURAM DISTRICT-676121.
R1 BY PUBLIC PROSECUTOR SRI. C.S.HRITWIK R2 BY ADV. SRI.K.RAKESH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.02.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
EL
Crl.MC.No. 540 of 2018
APPENDIX
PETITIONER(S)' ANNEXURES
ANNEXURE A TRUE COPY OF THE CRIME NO.400/2017 OF THE MANCHERRY POLICE STATION DATED 14.8.2017
ANNEXURE B TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DATED, 12.1.2018
RESPONDENT(S)' ANNEXURE
NIL
TRUE COPY
P.S. TO JUDGE
EL
B. KEMAL PASHA, J.
Crl.M.C.No.540 of 2018
Dated this the 5th day of February, 2018
O R D E R
Petitioners are the accused in Crime No.400/2017 of
the Mancherry Police Station, for the offences punishable under Sections 143, 147, 148, 447, 323, 324 and 308 read with Section 149 IPC.
settled between the parties.
between the parties, no purpose would be served in proceeding
Crl.M.C.No.540 of 2018 2
with the matter any further. Matters being so, all further proceedings against the petitioners in Crime No.400/2017 of the Mancherry Police Station, can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings against the petitioners in Crime No.400/2017 of the Mancherry Police Station, are hereby quashed.
Sd/-
B. KEMAL PASHA, JUDGE.
sd
// True Copy //
P.A. to Judge
2 issues framed by the court
Whether proceedings under Section 308 IPC should be quashed given the settlement between the parties.
Whether the maintenance of criminal charges is justified in view of the amicable settlement.
1 provisions across 1 enactments
ALAVIKUTTY
MUHAMMED
ANSHAD
AZEEZ @ ANEES
NOUSHAD
MUHAMMED ASIF
B. KEMUAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
