Allowed

Sirajudheen v. v. v State of Kerala

Kerala HC11 Feb 2022Crl.MC/5032/2021

Case brief

AI extract

What is this about?

The Court allowed the Criminal Miscellaneous petition seeking quashing of criminal proceedings instituted against the accused. After hearing the parties and the Public Prosecutor, the Court found that the dispute had been amicably settled and the accused had no further grievance. Consequently, the entire proceedings in Crime No. 735 of 2016 were quashed.

What did the court decide?

Proceedings in Crime No.735/2016 of Ponnani police station are quashed.

Sirajudheen v. v. Vs State of Kerala — Quashing and FIR | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE K.HARIPAL FRIDAY, THE 11^TH DAY OF FEBRUARY 2022 / 22ND MAGHA, 1943 CRL.MC NO. 5032 OF 2021

¶4

(TO QUASH ALL PROCEEDINGS IN CRIME NO.735 OF 2016 OF PONNANI POLICE STATION, MALAPPURAM DISTRICT LEADING TO L.P.NO.102 OF 2019 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PONNANI) PETITIONER/ACCUSED:

¶5

SIRAJUDHEEN V. V. AGED 34 YEARS S/O. VEETILE VALAPPIL HOUSE, OTHULLUR POST, NEAR L.P. SCHOOL, MALAPPURAM DISTRICT, KERALA - 679574. BY ADV E.C.AHAMED FAZIL

¶6

RESPONDENTS/STATE-COMPLAINANT:

¶7

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2 THE SUB INSPECTOR OF POLICE, PONNANI POLICE STATION, MALAPPURAM DISTRICT - 679577. 3 AFOOV P.T. AGED 30 YEARS S/O. PADINJARRATHIYYATH MUHAMMEDUNNI, PADINJARETHIYYATH, PERMUKKU, ALAMKODE, MALAPPURAM DISTRICT - 679585. BY ADV NIYAS MOHAMMED SR.PP - SMT. SREEJA V.

¶8

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶9

Crl.M.C.No.5032 of 2021

¶10

¶11

ORDER

¶12

The sole accused in Crime No.735/2016 of Ponnani police station has moved this Court for quashing the proceedings on the ground of settlement reached with the defacto complainant/the 3^rd respondent. The crime was registered on 02.11.2016 alleging offence under Sections 341, 323, 324 and 308 of the IPC. It is alleged that on 01.11.2016 at 17:00 hours, the accused had wrongfully restrained the car driven by the defacto complainant and hit him below his right eye and then using a pen knife, tried to attack him and that attack hit on his mouth and caused him injuries and attempted to commit culpable homicide not amounting murder; thus offence under Sections 323, 324, 341 and 308 of the IPC are alleged against him.

¶13

Learned counsel for the petitioner submits that he had

¶14

been on bail. On filing final report, the case was taken on file as C.P.No.96/2017 by Judicial First Class Magistrate, Ponnani. Since he had gone abroad, the case was transferred to the register of long pending cases and now the case stands filed as L.P.No.102/2019. The defacto complainant is none other than the brother-in-law of the petitioner and there is a connected case registered under Section 498A

¶15

Crl.M.C.No.5032 of 2021

¶16

¶17

of the IPC against the 3^rd respondent, which also stands settled.

¶18

I heard the learned Senior Public Prosecutor also. The

¶19

learned Senior Public Prosecutor has endorsed the settlement reached between the parties.

¶20

Similarly, Annexure A2 affidavit of the 3^rd respondent indicates that the dispute between himself and the petitioner stands amicably settled and that he has no further grievance against the petitioner. In the circumstances and having regard to the fact that the 3^rd respondent did not suffer serious injuries in the occurrence, entire

¶21

proceedings in Crime No.735/2016 of Ponnani police station are quashed.

¶22

Crl.M.C is allowed as above.

¶23

Sd/- K.HARIPAL JUDGE

¶24

Jms/11.02

¶25

//True Copy// P.A to Judge

¶26

Crl.M.C.No.5032 of 2021

¶27

¶28

APPENDIX OF CRL.MC 5032/2021

¶29

PETITIONER ANNEXURES

¶30

Annexure A1 CERTIFIED COPY OF FINAL REPORT IN CRIME NO.735 OF 2016 OF PONNANI POLICE STATION, MALAPPURAM DISTRICT. Annexure A2 AFFIDAVIT SWORN IN BY 3RD RESPONDENT.

Sirajudheen v. v. v State of Kerala

Case brief

What is this about?

What did the court decide?

Sirajudheen v. v. 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shaju Vs State of Kerala

Robin Thomas Vs the State of Kerala

Afsal Anthrakandi Vs Chandran .K.K

Muhammed Faizal Vs State of Kerala

Muhammed Hussain, Vs State of Kerala

Sabesan Vs State of Kerala