In this criminal miscellaneous petition, the petitioner accused sought to quash criminal proceedings following settlement with formal affidavits. Finding no purpose in further proceedings, the Court ordered the quashing of the matter.
All further proceedings in CC No.4020/2014 are quashed.
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 P.SOMARAJAN
FRIDAY, THE 20TH DAY OF NOVEMBER 2020 / 29TH KARTHIKA, 1942
Crl.MC.No.3402 OF 2019(E)
AGAINST THE ORDER/JUDGMENT IN CC 4020/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,KASARAGOD
CRIME NO.404/2014 OF Adhur Police Station , Kasargod
PETITIONERS/ACCUSED 1 TO 19:
1 HASHIM DARIMI AGED 40 YEARS S/O.ANDHU HAJI, UJAM PADY, DELAM PADY VILLAGE, USTHADH
2 USAFF.D., AGED 44 YEARS S/O.ANDHU HAJI, UJAM PADY, DELAM PADY VILLAGE,
3 MUHAMMAD JUNNEYDH V., AGED 25 YEARS S/O. SUBHAYIR,UJAM PADY HOUSE, UJAM PADY, DELAM PADY VILLAGE
4 K.C.MUSAN, AGED 28 YEARS S/O. MUHAMMAD, UJAM PADY HOUSE, UJAM PADY, DELAM PADY VILLAGE
5 ESSAN K.C., AGED 28 YEARS S/O. K.C.MUHAMMAD, UJAM PADY HOUSE, UJAM PADY, DELAM PADY VILLAGE, MUSLIYAR,DELAM PADY PANCHAYAT
6 HASIM.A.K., AGED 27 YEARS S/O.ABDULLA, KUNDADUKAM HOUSE, NEYPARA, PALLAM KOTE, UNDER VILLAGE, DELAM PADY PANCHAYAT
7 ASHARAF.P.S., AGED 35 YEARS S/O. ABDUL RAHMAN,NEYPARA HOUSE, PALLAM KODE, UNDER VILLAGE DELAM PADY PANCHAYAT
8 SHUHAIB AGED 32 YEARS S/O. AADHAM KUNJI,PALLAM KODE HOUSE, PALLAM KODE,
Crl.MC.No.3402 OF 2019(E)
2
UNDER VILLAGE,DELAM PADY PANCHAYAT
9 ABDUL KHADHER.M.A., AGED 57 YEARS S/O. HASSAINAR, MORAGANAM HOUSE,PALLAM KODE, UNDER VILLAGE,DELAM PADY PANCHAYAT
14 HAMEED MOGAR.V., AGED 43 YEARS S/O. MUHAMMAD,POLETHARJA HOUSE, UJAM PADY ,DELAM PADY VILLAGE, 671543,UJAM PADY PANCHAYAT
Crl.MC.No.3402 OF 2019(E)
3
DELAM PADY VILLAGE, DELAM PADY PANCHAYAT
19 ABUBHAKAR C.H., AGED 47 YEARS S/O. C.H.MUHAMMAD HAJI, UJAM PADY HOUSE, UJAM PADY, DELAM PADY VILLAGE-671543,DELAM PADY PANCHAYAT
BY ADV. SMT.REENA ABRAHAM
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 20.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.3402 OF 2019(E)
4
ORDER
The offences alleged are under Section 143, 147, 148, 324 r/w Section 149 IPC. The matter is settled between the parties. An affidavit was sworn by the defacto complainant. The learned public prosecutor not objected. Hence, if it is proceeded further, it will not serve any purpose. For securing the ends of justice, all further
proceedings are hereby quashed.
The Crl.M.C is allowed accordingly.
Sd/-
P.SOMARAJAN
JUDGE
SPV
Crl.MC.No.3402 OF 2019(E)
5
APPENDIX
PETITIONERS' EXHIBITS:
| ANNEXURE-A1 | CERTIFIED DATED 5/8/ EVIDENCE I POLICE STA PENDING BE MAGISTRATE |
COPY OF THE FINAL REPORT 2014 ALONG WITH MEMO OF N CRIME NO.404/2014 OF ADHOOR TION IN C.C.NO.4020/2014 FORE THE JUDICIAL CLASS (1),KASARAGOD |
|---|---|---|
| ANNEXURE-A2 | TRUE COPY 15/2/2019 RESPONDENT |
OF THE AFFIDAVIT DATED EXECUTED BY THE 2ND |
| ANNEXURE-A3 | TRUE COPY 15/2/2019 RESPONDENT |
OF THE AFFIDAVIT DATED EXECUTED BY THE 3RD |
| ANNEXURE-A4 | TRUE COPY 15/2/2019 RESPONDENT |
OF THE AFFIDAVIT DATED EXECUTED BY THE 4TH |
| ANNEXURE-A5 | TRUE COPY 15/2/2019 RESPONDENT |
OF THE AFFIDAVIT DATED EXECUTED BY THE 5TH |
| ANNEXURE-A6 | TRUE COPY 15/2/2019 RESPONDENT |
OF THE AFFIDAVIT DATED EXECUTED BY THE 6TH |
| ANNEXURE-A7 | TRUE COPY 15/2/2019 RESPONDENT |
OF THE AFFIDAVIT DATED EXECUTED BY THE 7TH |
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
1 issue framed by the court
Whether proceedings under Section 324 IPC are to be quashed where the matter has been settled after a final report.
Hashim Darimi Aged 40 Years
Usaff.D.
State of Kerala
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
