Allowed

Abdul Ali M v. State of Kerala

Kerala HC8 Nov 2021Crl.MC/4742/2021

Case brief

AI extract

What is this about?

The Criminal Miscellaneous Case sought quashing of an FIR and charge sheet. The Court noted an extrajudicial settlement between the parties. It held continued proceedings an abuse of process and quashed the trial under Section 156, Section 482 BNS 2023 (replacing CrPC 1973).

What did the court decide?

The first charge sheet in C.C. No. 251/2019 of the Judicial First Class Magistrate Court, Kunnamangalam, is quashed.

Abdul Ali M Vs State of Kerala — Quashing and FIR | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MRS. JUSTICE M.R.ANITHA

¶4

MONDAY, THE 8^TH DAY OF NOVEMBER 2021 / 17TH KARTHIKA, 1943

¶5

CRL.MC NO. 4742 OF 2021

¶6

AGAINST THE ORDER/JUDGMENT IN CC 251/2019 OF JUDICIAL MAGISTRATE OF FIRST

¶7

CLASS ,KUNNAMANGALAM, KOZHIKODE IN CRIME NO. 356/2019 OF KUNNAMANGALAM

¶8

POLICE STATION, KOZHIKODE DISTRICT.

¶9

PETITIONERS/ACCUSED:

¶10

1 ABDUL ALI M AGED 40 YEARS S/O.PARIYAYIKUTTY, MADATHIL HOUSE, THALAYAD P.O, THAMARASSERY, KOZHIKODE, PIN 673 754

¶11

2 MUHAMMED M. AGED 51 YEARS S/O.PARIYAYIKUTTY, MADATHIL HOUSE, THALAYAD P.O, THAMARASSERY, KOZHIKODE, PIN 673 754

¶12

3 ABDULLA AGED 64 YEARS

¶13

S/O.AHAMMED HAJI, MANIKKOTH HOUSE, IYYAD P.O., UNNIKKULAM VILLAGE, THAMARASSERY, KOZHIKODE PIN 673 574

¶14

BY ADV P.S.ABDUL KAREEM

¶15

RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

¶16

1 STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031 2 HASNA.M, AGED 25 YEARS, D/O MAMMAD, MELE KURIYERI HOUSE, KUNNAMANGALAM P.O. KOZHIKODE PIN-673570.

¶17

BY ADV P.K.MOHAMMED PUZHAKKARA

¶18

PP RENJIT GEORGE, SR GP

¶19

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶20

Crl.M.C. NO. 4742 OF 2021

¶21

¶22

ORDER

¶23

This Crl.M.C has been filed seeking to quash Annexure A FIR in crime No. 356/2019 of Kunnamangalam Police Station and Annexure B final Report in C.C. No. 251/2019 on the file of Judicial First Class Magistrate Court, Kunnamangalam.

¶24

Adv. Muhammed Puzhakkara appeared on behalf of the defacto complainant and he reported about the settlement arrived at between the parties. Annexure A is the certified copy of FIR, Annexure B is the certified copy of the charge sheet and Annexure C is the affidavit sworn in by the 2^nd respondent.

¶25

The learned Public Prosecutor produced copy of the statement of the Station House Officer, Kunnamangalam Police Station along with the copy of the statement of the defacto complainant. Affidavit and the Statement of the defacto complainant would reveal that the entire issues between the petitioners and the defacto complainant have been amicably settled out of court. She is not interested to prosecute the matter further against the petitioners.

¶26

It has come out from the affidavit and also statement of the

¶27

defacto complainant recorded by the Station House Officer that the entire issues between the petitioners and the defacto complainant have

¶28

been amicably settled out of court. Since all the issues between the

¶29

Crl.M.C. NO. 4742 OF 2021

¶30

¶31

parties have been amicably settled, the continuation of proceedings against the petitioners will be an abuse of process of court. In the said circumstances, the entire further proceedings against the petitioners in Crime No. 356/2019 of Kunnamangalam Police Station pending as C.C.

¶32

No. 251/2019 on the file of Judicial First Class Magistrate Court, Kunnamangalam is hereby quashed.

¶33

In the result, this Crl.M.C. stands allowed.

SD/-

M.R.ANITHA JUDGE

rps/

Crl.M.C. NO. 4742 OF 2021

¶38

¶39

APPENDIX OF CRL.MC 4742/2021

¶40

PETITIONER ANNEXURE

¶41

Annexure A CERTIFIED COPY OF THE F.I.R IN CRIME NO.356/2019 OF KUNNAMANGALAM POLICE STATION, KOZHIKODE DISTRICT

¶42

Annexure B CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO.356/2019 OF KUNNAMANGALAM POLICE STATION, KOZHIKODE DISTRICT

¶43

Annexure C AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 25.3.2021

Abdul Ali M v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abdul Ali M v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sreejith Unni, Vs State of Kerala

Shifana K.L. Vs State of Kerala

Shyamlal Vs State of Kerala

Moideen Safath, Vs the State of Kerala

Najma K., Vs Thareq Ali C.P.

Nabeel Vs the State of Kerala