Allowed

Niyas.T.C v. State of Kerala

Kerala HC15 Jan 2019Crl.MC/76/2019

Case brief

AI extract

What is this about?

Petitioners, accused in criminal case for offences under the Indian Penal Code, sought to quash proceedings through SCC. alleging settlement. High Court found settlement true with no public interest concern and quashed the proceedings.

What did the court decide?

The proceedings in CC No. 1206 of 2017 on the file of the Judicial First Class Magistrate Court-II, Hosdurg are quashed. Appropriate orders for disposal of material objects may be passed.

Niyas.T.C Vs State of Kerala — Criminal Trial and Appeal | 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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TUESDAY, THE 15TH DAY OF JANUARY 2019 / 25TH POUSHA, 1940

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Crl.MC.No. 76 of 2019

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CC 1206/2017 OF J.M.F.C.-II,HOSDRUG

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CRIME NO. 435/2017 OF NILESWAR POLICE STATION , KASARGOD

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PETITIONER/S:

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1 NIYAS.T.C AGED 25 YEARS S/O.UMMAR, TC HOUSE, AZHITHALA ROAD, THAIKKADAPPURAM, NILEESHWARAM VILLAGE, HOSDURG TALUK.

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2 ASHRAF.T. AGED 39 YEARS S/O.KAMAL, THALAYILLATH HOUSE, NEAR UGMLP SCHOOL, THAIKKADAPPURAM, NILEESHWARAM VILLAGE, HOSDURG TALUK.

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3 K.P.SADIQUE AGED 58 YEARS S/O.ABDULLA, TC HOUSE, AZHITHALA ROAD, THAIKKADAPPURAM, NILEESHWARAM VILLAGE, HOSDURG TALUK.

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4 ANEEZ AGED 40 YEARS S/O.MAMU, TC HOUSE, AZHITHALA ROAD, THAIKKADAPPURAM, NILEESHWARAM VILLAGE, HOSDURG TALUK.

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Crl.MC.No. 76 of 2019

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..2..

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5 MUHAMMED RAFEEQ

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AGED 30 YEARS S/O.USMAN, TC HOUSE, AZHITHALA ROAD, THAIKKADAPPURAM, NILEESHWARAM VILLAGE, HOSDURG TALUK.

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BY ADV. SRI.A.ARUNKUMAR

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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2 YOUSUF.UP.M AGED 24 YEARS, S/O.ABDULLA, P.V.HOUSE, NADUVILLPALLY, THAIKKADAPPURAM, NILEESHWARAM VILLAGE, HOSDURG TALUK.

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BY ADV. SRI.VIPIN T JOSE

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OTHER PRESENT:

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SRI C S HRITHWIK SR PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ORDER

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Petition filed under Section 482 Cr.P.C.

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The petitioners are the accused in CC No. 1206

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of 2017 on the file of the Judicial First

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Crl.MC.No. 76 of 2019

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Class Magistrate Court-II, Hosdurg registered for the offences under Sections 143, 147, 148, 323, 324 & 341 r/w Section 149 of the Indian Penal Code. The second respondent is the victim. It is submitted that the matter has been settled and the proceedings in the criminal case may be quashed.

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Heard the learned counsel for the petitioners

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and the second respondent and the learned Public Prosecutor.

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I have perused the affidavit filed by the second respondent, who has entered appearance through counsel. I am satisfied that the allegation of settlement is true and no public interest is involved. There is no impediment for granting the prayer of the petitioners. In the result, this Crl.M.C. is allowed. The proceedings in CC No. 1206 of 2017 on the file of the Judicial First Class Magistrate Court-II, Hosdurg are quashed. The learned

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Crl.MC.No. 76 of 2019

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..4..

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magistrate may pass appropriate orders for the disposal of the material objects, if any, produced in the case.

Sd/-

K.ABRAHAM MATHEW

JUDGE

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 A TRUE THE F.I.R. IN CRIME NO.435 OF 2017 OF NILEESHWARAM POLICE STATION, KASARAGOD. ANNEXURE AII A TRUE THE FINAL REPORT IN CRIME NO.435 OF 2017 OF NILEESHWARAM POLICE STATION, KASARAGOD. ANNEXURE AIII A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT.

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Bka/15.01.2019

Niyas.T.C v. State of Kerala

Case brief

What is this about?

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Niyas.T.C v. State of Kerala

Case brief

What is this about?

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