Allowed
Siddique K.K., v. State of Kerala
Kerala HCCrl.MC/16/2019
Case brief
from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
What the court decided
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
THURSDAY, THE 03RD DAY OF JANUARY 2019 / 13TH POUSHA, 1940
Crl.MC.No. 16 of 2019
AGAINST CC 165/2017 of J.M.F.C., KASARAGOD CRIME NO. 1057/2016 of Kasaragod Police Station, Kasaragod
PETITIONER:
SIDDIQUE K.K., AGED 33 YEARS S/O.MUHAMMED, CHERANGAI KADAPPURAM, KUDLU P.O., KUDLU VILLAGE, KASARAGOD.
BY ADV. S.JIJI,
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 HARIF @ ARIF AGED 39 YEARS S/O.MUHAMMED, HITACHI QUARTERS, ALAMPADY POST, KALLAKKTTA, KASARAGOD - 671 541.
BY ADV. SMT.K.S.SANTHI
SRI C S HRITHWIK-PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 16 of 2019 2
ORDER
Petition filed under Section 482 Cr.P.C.
of 2017 on the file of the Judicial Magistrate of
First Class-I, Kasaragod. He is alleged to have committed the offences under Sections 324 and 341
IPC. Second respondent is the victim. It is
submitted that the matter has been settled and
the proceedings in the trial court may be quashed.
petitioner and second respondent and the learned Public Prosecutor.
the second respondent, who has entered appearance
through counsel. I am satisfied that the matter
has been settled and no public interest is involved in this case. There is no impediment
for granting the prayer of the petitioner.
Crl.MC.No. 16 of 2019 3
In the result, this Crl.M.C. is allowed. The
proceedings in C.C.No.165 of 2017 on the file of the Judicial Magistrate of First Class-I, Kasaragod 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/03.01.19
Crl.MC.No. 16 of 2019 4
APPENDIX
PETITIONER'S/S EXHIBITS: ANNEXURE A1 CERTIFIED COPY OF FINAL REPORT IN CR.1057/2016 OF KASARAGOD POLICE STATION. ANNEXURE A2 AFFIDAVIT DATED 28/11/2018 SWORN BY THE 2ND RESPONDENT. RESPONDENT'S/S EXHIBITS:
NIL
MC (TRUE COPY) PA TO JUDGE
1 issue framed by the court
Whether proceedings under Sections 324 and 341 IPC should be quashed in settlement.
2 provisions across 2 enactments
SIDDIQUE K.K.
STATE OF KERALA
HARIF @ ARIF
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court