Allowed

Noushad v. the State of Kerala

Kerala HC9 Jan 2019Crl.MC/114/2019

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition under Section 482 Cr.P.C., the High Court of Kerala allowed the petition to quash criminal proceedings. The petitioner accused alleged offences under Sections 294(b) and 427 IPC. The court found the matter settled with no public interest involved, permitting the quashing of the case.

What did the court decide?

The criminal proceedings in C.C.No.127/2013 filed before the Judicial Magistrate of First Class-II, Nedumangad are quashed. Trial court is directed to pass appropriate orders regarding the disposal of

Noushad Vs the State of Kerala — Dowry and Cruelty | Kerala HC (2019)

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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 K.ABRAHAM MATHEW

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WEDNESDAY, THE 09TH DAY OF JANUARY 2019 / 19TH POUSHA, 1940

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Crl.MC.No. 114 of 2019

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AGAINST CC 127/2013 of J.M.F.C.-II, NEDUMANGAD

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CRIME NO. 1291/2012 of Nedumangad Police Station , Thiruvananthapuram

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PETITIONERS:

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1 NOUSHAD AGED 45 YEARS, S/O. AYSHA BEEVI, CC HOUSE, PETTAPALLY MURIYIL, PANAVOOR P.O, NEDUMANGAD, TRIVANDRUM.

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2 NASSIM AGED YEARS, S/O. BADSHAW, ANSA MANZIL, PETTAPALLY MURIYIL, PANAVOOR P.O, NEDUMANGAD, TRIVANDRUM.

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3 ANSAR AGED YEARS, S/O. NASSERUDEEN, ANSAR MANZIL, KALLIYOODU, ANAD VILLAGE, TRIVANDRUM.

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BY ADV. SRI.M.R.SARIN

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2 MUHAMMAD SHAFI.M AGED 40 YEARS, S/O. MUHAMMED BASHEER, 11/369, M.M. HOUSE, PANAVOOR P.O, NEDUMANGAD, THIRUVANANTHAPURAM.

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BY ADV. V. VINAR

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SENIOR PUBLIC PROSECUTOR SRI.C.S.HRITHWIK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 114 of 2019 2

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ORDER

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Petition filed under Section 482 Cr.P.C.

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Petitioners are the accused in

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C.C.No.127/2013 on the file of the Judicial

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Magistrate of First Class-II, Nedumangad. They are alleged to have committed the offences under Sections 294(b) and 427 IPC. Second respondent is the victim. It is submitted that the matter

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has been settled and the proceedings in the trial court may be quashed.

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Heard the learned counsel for the

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petitioners and second respondent and the learned Public Prosecutor.

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I have perused the affidavit filed by

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the second respondent, who has entered

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appearance through counsel. I am satisfied that

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the matter has been settled and no public

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interest is involved in this case. There is no

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impediment for granting the prayer of the petitioners.

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Crl.MC.No. 114 of 2019 3

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In the result, this Crl.M.C. is allowed. The

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proceedings in C.C.No.127/2013 on the file of the Judicial Magistrate of First Class-II, Nedumangad are quashed. If any material objects have been produced in this case, the trial court may pass appropriate orders for their disposal.

Sd/-

K.ABRAHAM MATHEW

JUDGE

MC/11.01.19

Crl.MC.No. 114 of 2019 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO. 1291/12 OF NEDUMANGAD POLICE STATION. ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CC NO. 127/13 PENDING BEFORE JFCM COURT-11, NEDUMANGAD. ANNEXURE A3 AFFIDAVIT SIGNED BY THE 2ND RESPONDENT

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RESPONDENT'S/S EXHIBITS:

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NIL

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(TRUE COPY) PA TO JUDGE

Noushad v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Noushad v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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