Allowed

Aboobacker.M.a v. State of Kerala

Kerala HC10 May 2019Crl.MC/149/2019

Case brief

AI extract

What is this about?

In this criminal reference, the Kerala High Court quashed the proceedings in S.C.No. 593/2017 before the Sessions Court, Ernakulam, holding that the issues leading to the FIR had been amicably settled between the accused and the complainant with no public interest involved. The court granted quashing of the trial proceedings.

What did the court decide?

Criminal Reference and proceedings in S.C.No. 593/2017 of the Sessions Court, Ernakulam were quashed.

Aboobacker.M.a Vs State of Kerala — Caste Atrocities | 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 V.G.ARUN

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FRIDAY, THE 10TH DAY OF MAY 2019 / 20TH VAISAKHA, 1941

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Crl.MC.No. 149 of 2019

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AGAINST THE ORDER/JUDGMENT IN SC 593/2017 of DISTRICT COURT & SESSIONS COURT, ERNAKULAM

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CRIME NO. 1073/2016 OF Panangad Police Station , Ernakulam

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PETITIONERS/ACCUSED 1 TO 4:

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1 ABOOBACKER.M.A AGED 54 YEARS S/O. M.K. ALI, AZHIKKAKATH HOUSE, NETTOOR P.O, KOCHI-682040

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2 K.B. SUNEER AGED 31 YEARS S/O. BASHEER, KANNOTHPARAMBU HOUSE, NETTOOR P.O, KOCHI-682 040

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3 MUJEEB S/O. MOHAMMEDKUTTY, AGED 32 YEARS, KANNOTHPARAMBU HOUSE, NETTOOR P.O, KOCHI-682 040

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4 BAIJU AGED 31 YEARS S/O. BABU, KANNOTHPARAMBU HOUSE, NETTOOR P.O, KOCHI-682 040

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BY ADV. SRI.DENIZEN KOMATH

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RESPONDENTS/DE-FACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY THE ASSISTANT COMMISSIONER OF POLICE, THRIKKAKARA, ERNAKULAM THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2 LAIJU

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S/O. GOPALAN, AGED 35 YEARS, THANDASSERI COLONY, NETTOOR P.O, KOCHI-682 040

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BY ADV. SMT.P.J.JINIMOL

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Crl.MC.No. 149 of 2019

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SR.PP.SRI.SANTHOSH PETER

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 149 of 2019

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ORDER

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The petitioners are the accused No.1 to 4 in S.C.No. 593/2017 on the file of the Sessions Court, Ernakulam. The offences alleged against the petitioners are under Sections 294(b), 323, 34 IPC r/w 3(i) (r)(s) of SC/ST [Prevention of Atrocity(Amendment) Act]. The second respondent herein is the de facto complainant. This Crl.M.C is filed seeking to quash the proceedings in S.C.No.593/17 on the file of the Sessions Court, Ernakulam on the ground that the issue leading to the registration of the crime has been amicably settled between the petitioners and the second respondent.

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Heard the learned counsel for the petitioners, the

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learned counsel for the second respondent and the learned Public Prosecutor.

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Having perused the affidavit filed by the second respondent, the contents of which is submitted to be true and voluntary by the learned counsel for the second respondent, I am satisfied that the matter has been amicably settled and that no

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Crl.MC.No. 149 of 2019

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public interest is involved in this matter. Hence, there is no impediment in granting the relief sought.

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In the result, this Crl.M.C is allowed. The proceedings in S.C.No. 593/2017 on the file of the Sessions Court, Ernakulam is

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quashed. The trial court may pass appropriate orders for the disposal of the material objects if any, seized during the course of investigation.

Sd/-

V.G.ARUN JUDGE

Crl.MC.No. 149 of 2019

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APPENDIX

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PETITIONERS' EXHIBITS:

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ANNEXURE A1 TRUE CERTIFIED COPY OF CHARGE AGAINST THESE PETITIONER'S IN S.C. NO. 593/17 ON THE FILE OF THE SESSIONS COURT, ERNAKULAM.

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ANNEXURE A2 THE ORIGINAL AFFIDAVIT SWORN IN AND EXECUTED BY THE 2ND RESPONDENT.

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RESPONDENTS' EXHIBITS: NIL

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\TRUE COPY//

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PA TO JUDGE

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Aboobacker.M.a v. State of Kerala

Case brief

What is this about?

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Aboobacker.M.a v. State of Kerala

Case brief

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