Allowed

Muneer C.A v. Riyas C.M

Kerala HC20 Feb 2018Crl.MC/812/2018

Case brief

AI extract

What is this about?

The High Court of Kerala quashed criminal proceedings against five accused persons jointly charged with offenses under Sections 341, 323, and 324 IPC in a private complaint. The court allowed the petition based on an amicable settlement affirmed by the complainant and the absence of criminal antecedents against the petitioners.

What did the court decide?

Quashing of all further proceedings in C.C.No.205 of 2014 of the Judicial First Class Magistrate's Court, Payyannur, against the petitioners.

Muneer C.A Vs Riyas C.M — 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 20TH DAY OF FEBRUARY 2018 / 1ST PHALGUNA, 1939 Crl.MC.No. 812 of 2018 ---------------------CC 205/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYANNUR CRIME NO. 835/2013 OF PAYYANNUR POLICE STATION , KANNUR

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

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PETITIONER(S)/ACCUSED NO.1 TO 5

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1 MUNEER C.A, AGED 27 YEARS, S/O MUHAMMED KUNHI, CHENNOTH ANGADI HOUSE, PUNNAKADAVU, RAMANTHALI AMSOM, KANNUR DISTRICT. 2 ANWAR.M.C, AGED 25 YEARS, S/O MUSTAFFA, MADAKKAL CHATTIKAL HOUSE, VADAKKUMBAD, RAMANTHALI AMSOM, KANNUR DISTRICT. 3 MUHAMMED SHAKKEER U.T, AGED 28 YEARS, S/O MUHAMMED HAJI, ULLITHURAMMAL HOUSE, VADAKKUMBAD, RAMANTHALI AMSOM, KANNUR DISTRICT. 4 NAYEEF ALI K.V, AGED 26 YEARS, S/O AMEER MUHAMMED, K.V.MANZIL, VADAKKUMBAD, RAMANTHALI AMSOM, KANNUR DISTRICT. 5 ANAS M.C, AGED 26 YEARS, S/O ABDULLA, KOTTARATH HOUSE, VADAKKUMBAD, RAMANTHALI AMSOM, KANNUR DISTRICT. BY ADVS.SRI.ZUBAIR PULIKKOOL SRI.P.S.BINU

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RESPONDENT(S)/COMPLAINANT:

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1. RIYAS C.M, AGED 29 YEARS, S/O ABDUL SALAM, CHENOTH MADATHIL HOUSE, RAMANTHALI AMSOM, VADAKKUMBAD, VADAKKUMBAD P.O., KANNUR DISTRICT, PIN 670109. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. R1 BY ADV. SMT.A.P.RUFAIJA R2 BY PUBLIC PROSECUTOR SRI C.S.HRITHWICK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.V.

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Crl.MC.No. 812 of 2018 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE-I: COPY OF THE F.I.R & POLICE CHARGE IN CRIME NO.835/2013 OF PAYYANNUR POLICE STATION.

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ANNEXURE-II: SWORN AFFIDAVIT OF 1ST RESPONDENT.

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RESPONDENTS ANNEXURES: NIL ----------------------

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/TRUE COPY/ K.V. P.S.TO JUDGE

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B.KEMAL PASHA, J.

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Crl.M.C.No.812 of 2018

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Dated this the 20^th day of February, 2018

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ORDER

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Petitioners are accused Nos.1 to 5 in C.C.No.205 of 2014

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of the Judicial First Class Magistrate's Court, Payyannur, which has arisen from Crime No.835/2013 of the Payyannur Police Station, for the offences punishable under Sections 341, 323 and 324 read with Section 149 of the Indian Penal Code.

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It seems that the matter has been amicably settled 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. No criminal antecedents have been reported against the petitioners. Respondent No.1 has filed affidavit as Annexure-II, affirming that the matter has been amicably settled between him and the petitioners and he has no complaints 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

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Crl.M.C.No.812 of 2018

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in C.C.No.205 of 2014 of the Judicial First Class Magistrate's Court, Payyannur, which has arisen from Crime No.835/2013 of the Payyannur Police Station, against the petitioners, are liable to be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.205 of 2014 of the Judicial First Class Magistrate's Court, Payyannur, which has arisen from Crime No.835/2013 of the Payyannur Police Station, against the petitioners, are hereby quashed.

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Sd/-

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B.KEMAL PASHA, JUDGE

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skj

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True copy

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P.A. to Judge

Muneer C.A v. Riyas C.M

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Muneer C.A v. Riyas C.M

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