The Court allowing the Criminal M.C. quashed proceedings against the petitioner in Crime No.611/1999 under Section 482 Cr.PC due to settlement with the defacto complainant, his clean antecedents, and acquittal of co-accused, and discharged him.
Quashed the entire proceedings against the petitioner in LPC No.50/2019 and discharged the petitioner/accused.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
MONDAY, THE 16TH DAY OF MARCH 2020 / 26TH PHALGUNA, 1941
Crl.MC.No.1492 OF 2020(F)
AGAINST THE ORDER/JUDGMENT IN LPC 50/2019 IN CC 351/2017 OF CHIEF JUDICIAL MAGISTRATE ,KASARAGOD
CRIME NO.611/1999 OF Kasaragod Police Station , Kasargod
PETITIONER/ACCUSED:
ABDUL JALEEL AGED 47 YEARS S/O. MUHAMMEDKUNHI, NASEEMA MANZIL, R.D. NAGAR POST, KUDLU VILLAGE, KASARAGOD DISTRICT
BY ADV. SRI.S.JIJI
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031
2 MOHAMMED SHAFI @ SHAFIR AGED 47 YEARS S/O. P.M. ABDUL RAHIMAN, MOGRAL PUTHUR HOUSE, MOGRAL PUTHUR POST AND VILLAGE, KASARAGOD TALUK AND DISTRICT - 671 321
R2 BY ADV. M.M.BABY
OTHER PRESENT:
SMT V SREEJA - PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ASHOK MENON, J.
-----------------------------------Crl.MC No.1492 of 2020
Dated this the 16th day of March, 2020
O R D E R
Petitioner is the first accused in Crime No.611/1999 of Kasaragod Police Station for having allegedly committed offences punishable under Sections 143, 147, 148, 341, 323, 506(ii) and 511 of 364 read with Section 149 IPC, along with three others. The petitioner was absconding and the case against him was split up and renumbered, and thereafter consigned to the long pending register as LPC No.50/2019 on the files of the Chief Judicial Magistrate's Court, Kasaragod. It is submitted by the learned counsel appearing for the petitioner that the remaining accused who faced trial were acquitted. The judgment, however, has not been produced.
Crl.MC 1492/2020
3
amicably settled with the petitioner and that he has no grievance against him. A report to that effect has also been obtained from the investigating officer through the learned Public Prosecutor. The petitioner does not have any criminal antecedents. There is no public interest involved.
In the result, the Criminal M.C. is allowed and the entire proceedings as against the petitioner herein in Crime No.611/1999 of Kasaragod Police Station, presently pending as LPC No.50/2019 of the files of the Chief Judicial Magistrate’s Court, Kasaragod shall stand quashed under Section 482 Cr.PC and the petitioner/accused is discharged.
Sd/-
ASHOK MENON
JUDGE
jg
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A-1 CERTIFIED COPY OF FINAL REPORT IN CR.611/1999 OF KASARAGOD POLICE STATION FILED BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD
ANNEXURE A-2
AFFIDAVIT DATED 25-09-2019 SWORN BY THE 2ND RESPONDENT
1 issue framed by the court
Whether the pending criminal proceedings against the petitioner in Crime No.611/1999 should be quashed having regard to the settlement with the defacto complainant and his acquittal of the remaining a
1 provisions across 1 enactments
ABDUL JALEEL
STATE OF KERALA
MOHAMMED SHAFI @ SHAFIR
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
