Allowed

Yasir Arafath v. State of Kerala

Kerala HC13 Mar 2020Crl.MC/1181/2020

Case brief

AI extract

What is this about?

The High Court quashed criminal proceedings under Section 482 Cr.P.C. where the private complainant filed a final report stating amicable settlement and expressed no interest in pursuing the case against the accused, who had no criminal antecedents. The accused was discharged.

What did the court decide?

CrlMC allowed; entire proceedings under ST No.364/2019 quashed; petitioner discharged.

Yasir Arafath Vs State of Kerala — Bail and Remand | Kerala HC (2020)

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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 ASHOK MENON

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FRIDAY, THE 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941

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Crl.MC.No.1181 OF 2020(G)

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AGAINST THE ORDER/JUDGMENT IN ST 364/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS-IV,KOZHIKODE

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CRIME NO.80/2019 OF Nadakkavu Police Station, Kozhikode

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PETITIONER/ACCUSED:

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YASIR ARAFATH, AGED 46 YEARS, S/O.USMAN KOYA, JAS MAHAL HOUSE, EAST NADAKKAVU, NADAKKAVU(PO), KOZHIKODE.

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BY ADV. SRI.NIREESH MATHEW

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,KOCHI-682031.

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2 SREEJA P.V., AGED 46 YEARS, W/O.R.SEKHAR, HOUSE NO.3/295 A, KARATTE FORT HOUSE, KARATTE ROAD, NADAKKAVU(P.O), KOZHIKODE DISTRICT, PIN-673006.

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R1 BY SMT. M.N. MAYA, PP R2 BY ADV. VIVEK VENUGOPAL

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OTHER PRESENT:

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.1181 of 2020

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O R D E R

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Dated this the 13th day of March 2020

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The petitioner is the sole accused in

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S.T.No.364/2019 on the files of the Judicial First

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Class Magistrate Court-IV, Kozhikode, for having allegedly committed the offences punishable under Sections 279 and 338 of I.P.C. and Section 143 read

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with Section 196 of Motor Vehicles Act. The defacto complainant-injured is the 2^nd respondent herein, who

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has appeared through a Counsel and has filed an

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affidavit stating that the matter has been amicably settled with the petitioner and that she does not

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intend to proceed with the case against him. A

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report has been filed by the investigating officer through the Public Prosecutor to that effect. The petitioner does not have any criminal antecedents. Proceeding with trial as against the petitioner

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would be an exercise in futility as the defacto

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complainant herself has submitted that she has no interest in proceeding with the accusation against the petitioner.

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Crl.M.C.No.1181 of 2020

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In the result, the Crl.M.C. is allowed and the entire proceedings as against the petitioner in S.T.No.364/2019 on the files of the Judicial First Class Magistrate Court-IV, Kozhikode, stands quashed under Section 482 of Cr.P.C. and the petitioner is discharged.

Sd/-

ASHOK MENON

JUDGE

dkr

Crl.M.C.No.1181 of 2020

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APPENDIX

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PETITIONER'S/S E	XHIBITS:
ANNEXURE A	COPY OF THE FIRST INFORMATION REPORT DATED
	21.01.2019 ALONG WITH THE FIRST INFORMATION STATEMENT.
ANNEXURE B	COPY OF THE FINAL REPORT DATED 20.02.2019.
ANNEXURE C	ORIGINAL OF THE AFFIDAVIT SWORN TO BY THE
	2ND RESPONDENT DATED 31.12.2019.

Yasir Arafath v. State of Kerala

Case brief

What is this about?

What did the court decide?

Yasir Arafath v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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