The High Court of Kerala dismissed a criminal miscellaneous petition filed to quash criminal proceedings based on a settlement. The court allowed the petitioners to withdraw the petition with liberty to challenge the final report on merits later.
Petition dismissed as withdrawn with permission to file fresh Crl.M.C challenging the final report on merits.
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 DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
CRL.MC NO. 392 OF 2022
CRIME NO.1574/2021 OF Mattancherry Police Station, Ernakulam
PETITIONERS/ACCUSED:
1 MUHAMMED RISWAN, AGED 32 YEARS, S/O RASHEED, PADIJAREPALLY, KAPPALANDIMUKKU, MATTANCHERY, KOCHIERNAKULAM-691001
2 NASEEMA BAI, AGED 58, W/O RASHEED, PADIJAREPALLY, KAPPALANDIMUKKU, MATTANCHERY, KOCHI-ERNAKULAM-691001
3 SULAIMAN SAIT, AGED 69, S/O YOUSUF SAIT, RESIDING AT NAAS, CIVIL STATION WARD, ALAPPUZHA, KERALA 688012
BY ADVS.B.J.JOHN PRAKASH BINNET M.VAVACHAN
RESPONDENTS/COMPLAINANT & DEFACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTIN SI OF POLICE, MATTANCHERY POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031
SMT. T.V. NEEMA, SR. PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.392/2022
-:2:-
O R D E R
Dated this the 7th day of July, 2022
This Crl.M.C has been filed to quash the proceedings
on the ground of settlement between the parties.
The Crl.M.C is dismissed as withdrawn with permission to
file fresh Crl.M.C challenging the final report on merits.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
Muhammed Riswan
Naseema Bai
Sulaiman Sait
State of Kerala
Hajara
Dr. Justice Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
