The High Court of Kerala allowed the criminal miscellaneous petition and quashed the proceedings in the underlying criminal case, discharging the accused based on an amicable settlement, absence of grievance, no criminal antecedents, and lack of public interest.
The Crl.M.C. is allowed; entire proceedings in C.C.No.933/2017 are quashed; petitioners are discharged.
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 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941
Crl.MC.No.784 OF 2020(G)
AGAINST THE ORDER/JUDGMENT IN CC 933/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, HOSDURG
CRIME NO.350/2017 OF Bekal Police Station, Kasargod
PETITIONERS/ACCUSED:
1 ASHRAF K.T., AGED 39 YEARS, S/O.AMU, THOTTI HOUSE, HADDAD NAGAR, BEKAL, PALLIKKARA VILLAGE, HOSDURG TALUK, KASARAGOD-671531.
2 SABIL @ SABEER S.K,, AGED 34 YEARS, S/O.KUNIYA ABDULLAH, SHAHEENA MANZIL, KUNIYA, PERIYA VILLAGE, HOSDURG TALUK, KASARAGOD-671531.
3 MOHAMMED SHIHABUDHEEN K., AGED 28 YEARS, S/O.ABOOBACKER, KANDATHIL HOUSE, BILAL NAGAR, PALLIKKARA, KASARAGOD-671531.
BY ADVS. SRI.RAHUL SASI SMT.NEETHU PREM
Crl.M.C.No.784 of 2020
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RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2 STATION HOUSE OFFICER, BEKAL POLICE STATION, KASARAGOD-671318. 3 ABOOBACKER K.M., AGED 41 YEARS, S/O.ABDUL RAHIMAN, RASHEED MANZIL, RAHMATH ROAD, POOCHAKKAD, PALLIKKARA-II VILLAGE, HOSDURG TALUK, KASARAGOD-671531. R1-R2 BY SMT. V. SREEJA, PP R3 BY ADV. NIRMAL V NAIR
OTHER PRESENT:
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.784 of 2020
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O R D E R
Dated this the 9th day of March 2020
The petitioners are accused in C.C.No.933/2017 on
the files of the Judicial First Class Magistrate Court-II, Hosdurg, for having allegedly committed the offences punishable under Sections 341, 323, 324, 294(b) and 506(ii) read with Section 34 of I.P.C.
The defacto complainant-injured is the 3rd respondent
herein, who has appeared through a Counsel and has
filed an affidavit stating that the matter has been
amicably settled and that he has no existing
grievance against the petitioner. A report has been filed by the investigating officer through the Public Prosecutor to that effect. The petitioners do not have any criminal antecedents and no public interest is involved.
In the result, the Crl.M.C. is allowed and the
entire proceedings as against the petitioners in C.C.No.933/2017 on the files of the Judicial First
Crl.M.C.No.784 of 2020
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Class Magistrate Court-II, Hosdurg, stands quashed
under Section 482 of Cr.P.C. and the petitioners are
discharged.
Sd/-
dkr
ASHOK MENON
JUDGE
Crl.M.C.No.784 of 2020
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 COPY OF THE FINAL REPORT IN CRIME NO.350 OF 2017 OF BEKAL POLICE STATION. ANNEXURE A2 AFFIDAVIT DATED 29.04.2019 SUBMITTED BY 3RD RESPONDENT.
1 issue framed by the court
Whether the criminal proceedings should be quashed in the circumstances of the case.
1 provisions across 1 enactments
ashraf k.t.
sabil @ sabeer s.k
mohammed shihabudheen k.
state of kerala
station house officer, bekal police station
aboobacker k.m.
ashok menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
