Allowed

Marakkar v. State of Kerala

Kerala HC22 May 2024Crl.MC/388/2024

Case brief

AI extract

What is this about?

Accused sought quashing of FIR and final report under Section 482 CrPC for offence under Section 354/34 IPC. The matter was amicably settled; the defacto complainant filed an affidavit expressing no intention to proceed. Allowing the petition, the Court quashed the FIR, final report and all further proceedings.

What did the court decide?

FIR and Final Report in Crime No.94/2014 and proceedings in C.C. No.387/2014 quashed.

Marakkar Vs State of Kerala — Quashing and FIR | Kerala HC (2024)

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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 A. BADHARUDEEN

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WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946

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CRL.MC NO. 388 OF 2024

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CRIME NO.94/2014 OF POOKOTTUMPADAM POLICE STATION, MALAPPURAM IN CC NO.387 OF 2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NILAMBUR

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PETITIONERS/ACCUSED:

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1MARAKKAR
AGED 79 YEARS
S/O KOYA MOIDEEN, PUNACHIKUZHIYIL HOUSE, MAYILAMPARA,
KARULAYI AMSOM, MALAPPURAM DISTRICT, PIN - 679331
2MUJEEB RAHMAN
AGED 41 YEARS
S/O MARAKKAR, PUNACHIKUZHIYIL HOUSE, MAYILAMPARA,
KARULAYI AMSOM, MALAPPURAM DISTRICT, PIN - 679331
BY ADV M.ANUROOP

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RESPONDENTS/STATE AND DE-FACTO COMPLAINANT:

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

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2 MARIYUMMA AGED 54 YEARS W/O ABOOBACKER, KIZHAKKEVEETIL HOUSE, MAYILAMPARA, KARULAYI AMSOM, MALAPPURAM DISTRICT, PIN – 679331

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SR PP – RENJITH GEORGE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C. No. 388 of 2024

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ORDER

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Dated this the 22 nd day of May, 2024

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This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure.A1 FIR and Annexure.A2 Final Report in Crime No.94/2014 of Pookkottumpadam Police Station, Malappuram, now pending as C.C. No.387/2014 on the files of the Judicial First Class Magistrate Court, Nilambur.

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Heard the learned counsel for the petitioners, the learned counsel appearing for the defacto complainant and the learned Public Prosecutor.

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In this matter, prosecution alleges commission of offence punishable under Section 354 read with 34 of IPC.

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It is submitted that the matter has been amicably settled and the defacto complainant filed affidavit in this regard. The defacto complainant in her affidavit stated t hat she has no intention to proceed further in this matter.

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5 . The learned Public Prosecutor also submitted that the matter has been settled between the parties and

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Crl.M.C. No. 388 of 2024

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statement of the defacto complainant to that effect has been recorded.

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Since the matter has been amicably settled between the parties, there is no reason to disallow the prayer for quashment so as to retain them in hazards of litigation. Therefore, in the interest of justice, I am inclined to allow this petition.

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In the result, this Criminal Miscellaneous Case stands allowed. Annexure.A1 FIR and Annexure.A2 Final Report in Crime No.94/2014 of Pookkottumpadam Police Station, Malappuram, now pending as C.C. No.387/2014 on the fles of the Judicial First Class Magistrate Court, i Nilambur and the proceedings thereof stand quashed.

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Sd/-

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A. BADHARUDEEN JUDGE

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Crl.M.C. No. 388 of 2024

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APPENDIX OF CRL.MC 388/2024

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PETITIONER ANNEXURES :

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Annexure -A1CERTIFIED COPY OF THE FIR IN CRIME NO.
94/2014 OF POOKKOTTUMPADAM POLICE
STATION
Annexure -A2CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 94/2014 OF POOKKOTTUMPADAM
POLICE STATION
Annexure -A3THE ORIGINAL AFFIDAVIT DATED 29-09-2023
SWORN IN BY THE 2ND RESPONDENT

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RESPONDENTS’ ANNEXURES : NIL

Marakkar v. State of Kerala

Case brief

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Marakkar v. State of Kerala

Case brief

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