Allowed

Ismail v. State of Kerala

Kerala HC10 Nov 2020Crl.MC/8598/2016

Case brief

AI extract

What is this about?

Criminal miscellaneous petition filed for quashing proceedings against Accused No.1. The High Court quashed the proceedings allowing compoundable offences as the matter was settled out of court, finding further action would serve no purpose.

What did the court decide?

All further proceedings in the crime registered against the accused No.1 are quashed by accepting the settlement arrived at by the parties.

Ismail Vs State of Kerala — Cheque Dishonour | 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 P.SOMARAJAN

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TUESDAY, THE 10TH DAY OF NOVEMBER 2020 / 19TH KARTHIKA, 1942

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Crl.MC.No.8598 OF 2016

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AGAINST THE ORDER/JUDGMENT IN CC 1160/2003 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,CHAVAKKAD

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CRIME NO.2/2000 OF CHAVAKKAD POLICE STATION, THRISSUR

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PETITIONER/1ST ACCUSED:

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ISMAIL

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AGED 34 YEARS, S/O. KUNHUMUHAMMED,PUTHUVVEEIL, PANCHARAMUCK, THAIKKAD PANCYAYATH,GURUVAYOOR VILLAGE, THRISSUR.

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BY ADVS. SRI.RAAJESH S.SUBRAHMANIAN SRI.PREMCHAND M. SRI.V.R.RAJESH

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RESPONDENTS/STATE & COMPLAINANT:

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1 STATE OF KERALA

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REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM - 682 031.

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2 AJAYAGHOSH

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S/O. SUBRAMANIAN, PERUMBULLYSSERY VEETTIL,THEKKANPALAYUR DESOM, GURUVAYUR VILLAGE - 680 506.

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R2 BY ADVS. SMT.K.ANITHA JOHN SRI.A.M.SHAJAN

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PUBLIC PROSECUTOR.SRI.E.C.BINEESH

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.8598 OF 2016 2

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ORDER

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The matter in dispute settled out of court. An affidavit was filed in that behalf by the defacto complainant. Offence alleged are compoundable. Since the matter is settled out of court, no purpose will be served, if it is proceeded further. As such, so as to secure ends of justice, all the further proceedings in the crime registered against the accused No.1 are hereby quashed by accepting the settlement arrived at by the parties.

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The Crl.M.C. is allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

MSP

Crl.MC.No.8598 OF 2016 3

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 TRUE PHOTOCOPY OF THE FIR IN CRIME NO. 2/2000 OF CHAVAKKAD POLICE STATION. ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 2/2000 OF CHAVAKKAD POLICE STATION. ANNEXURE A3 TRUE PHOCOOPY OF THE APPLICATION SEEKING PERMISSION BEFORE THE COURT BELOW TO COMPOUND THE OFFENCE DATED 19.12.2003 IN CC 219/2000. ANNEXURE A4 TRUE PHOTOCOPY OF THE COMPOUNDING PETITION DATED 19.12.2003 IN CC 219/2000. ANNEXURE A5 CERTIFIED COPY OF THE ORDER DATED 19.12.2003 ACQUITTING OF 2ND ACCUSED ON COMPOUNDING THE OFFENCE WITH PERMISSION OF COURT UNDER SECTION 320(8) CR.P.C

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RESPONDENTS EXHIBITS:NIL

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//TRUE COPY//

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P.A. TO JUDGE

Ismail v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ismail v. State of Kerala

Case brief

What is this about?

What did the court decide?

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