Quashed

Ummer Farook v. the State of Kerala

Kerala HC4 Dec 2023Crl.MC/5053/2021

Case brief

AI extract

What is this about?

This court quashed all further proceedings against the petitioners in a criminal case. The petitioners alleged offences under IPC sections 323, 324, 341, 342, 294(b) and 427. The defence submitted that the matter was settled, supported by affidavits from the complainants expressing no desire to proceed. Based on this settlement, the court held continuation of proceedings unnecessary.

What did the court decide?

All further proceedings in C.C. No. 1019/2018 on the file of the Judicial First Class Magistrate Court-I, Pathanamthitta are quashed.

Ummer Farook Vs the State of Kerala — Quashing and FIR | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

¶4

MONDAY, THE 4TH DAY OF DECEMBER 2023 / 13TH AGRAHAYANA, 1945

¶5

CRL.MC NO. 5053 OF 2021

¶6

CRIME NO.563/2010 OF Pathanamthitta Police Station, Pathanamthitta

¶7

AGAINST THE ORDER/JUDGMENT CC 1019/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,PATHANAMTHITTA

¶8

PETITIONER/ACCUSED 1 & 2:

¶9

1 UMMER FAROOK

¶10

AGED 40 YEARS
S/O. HAJI M. MEERASAHIB, JASMIN MANZIL, ANAPPARA,
PATHANAMTHITTA VILLAGE, KOZHENCHERRY TALUK,
PATHANAMTHITTA DISTRICT.

¶11

2SHYLA
AGED 34 YEARS
W/O. UMMER FAROOK, JASMIN MANZIL, ANAPPARA,
PATHANAMTHITTA VILLAGE, KOZHENCHERRY TALUK,
PATHANAMTHITTA DISTRICT.

¶12

BY ADVS.
S.SHANAVAS KHAN
S.INDU

¶13

RESPONDENTS/STATE & COMPLAINANT & INJURED:

¶14

1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031

¶15

2 SAMUEL @ ANIYAN S/O. KOSHY KOCHU KOSHY, POWVATHU VEEDU, ATTACHAKKAL P.O, ANJILIKKUNNU MURI, KONNI-THAZHAM VILLAGE, PATHANAMTHITTA DISTRICT 689 625

¶16

3 HARIKUMAR.S S/O. SREEKUMARAN NAIR, SHEEJA BHAVANAM, VAZHAMUTTOM P.O, OMALLOOR, PATHANAMTHITTA DISTRICT 689 647

¶17

4 SAJAN.T AGED 48 YEARS S/O. THULASI DAS, MANIMANGALAM, EDAPPARIYARAM MURI, ELANTHUR VILLAGE, PATHANAMTHITTA DISTRICT 689 643 BY ADVS. SHINE RAJ S. SRI HRITHWIK CS, PP SRI. SHINE RAJ S

¶18

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

¶19

04.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶20

CRL.MC NO. 5053 OF 2021

¶21

¶22

P.V.KUNHIKRISHNAN, J.

¶23

--------------------------------

¶24

Crl.M.C. No.5053 of 2021

¶25

----------------------------------------------

¶26

Dated this the 4^th day of December, 2023

¶27

O R D E R

¶28

Petitioners are the accused in C. C. No. 1019/2018 on the file of Judicial First Class Magistrate Court-I, Pathanamthitta. The above case is a protest complaint filed by respondent Nos. 2 to 4 alleging offences punishable under Section 323, 324, 341, 342, 294(b) and 427 r/w 34 IPC. Annexure H is the protest complaint. It is submitted that the matter is settled.

¶29

The counsel appearing for the respondent No. 2 to 4 also submitted that the matter is settled and they don’t want to proceed with the protest complaint. Affidavits are also produced as Annexures E, F and G. In the light of the same, I think the continuation of

¶30

CRL.MC NO. 5053 OF 2021

¶31

¶32

proceedings against the petitioners is not necessary. Therefore, all further proceedings against the petitioners is in C. C. No.1019/2018 on the file of Judicial First Class Magistrate Court- I, Pathanamthitta are quashed.

¶33

Sd/-

¶34

P.V.KUNHIKRISHNAN JUDGE

¶35

sms

¶36

CRL.MC NO. 5053 OF 2021

¶37

¶38

APPENDIX OF CRL.MC 5053/2021

¶39

PETITIONER ANNEXURES
Annexure ATRUE COPY OF THE COMPLAINT PREFERRED BEFORE
THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1,
PATHANAMTHITTA.
Annexure BTRUE COPY OF THE FIR IN CRIME NO. 563/2010 OF
PATHANAMTHITTA POLICE STATION
Annexure CTRUE COPY OF THE REFER REPORT IN CRIME NO.
563/2010 OF PATHANAMTHITTA POLICE STATION
Annexure DTRUE COPY OF THE ORDER DATED 11/06/2018 IN
C.C NO. 829/2012 OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT-1, PATHANAMTHITTA
Annexure ETRUE COPY OF THE AFFIDAVIT OF THE SECOND
RESPONDENT EVIDENCING THE FACTUM OF
SETTLEMENT
Annexure FTRUE COPY OF THE AFFIDAVIT OF THE THIRD
RESPONDENT EVIDENCING THE FACTUM OF
SETTLEMENT.
Annexure GTRUE COPY OF THE AFFIDAVIT OF THE FOURTH
RESPONDENT EVIDENCING THE FACTUM OF
SETTLEMENT.

Ummer Farook v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Ummer Farook v. the 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

Manoj Vs State of Kerala, Represented by Public Prosecutor

Raju John Vs State of Kerala

Jalaludheen Vs State of Kerala

Muhammedali Alias Muhammed Khani Vs Arif

Akhil Krishnan Vs State of Kerala

Aaba Fenila Vs Ibrahim P.M.