Allowed

Aboobacker v. State of Kerala

Kerala HC22 May 2024Crl.MC/646/2024

Case brief

AI extract

What is this about?

High Court allowed a criminal miscellaneous petition under Section 482 CrPC to quash the FIR and Final Report. The Court found that the prosecution matter had been amicably settled, the defacto complainant and victim filed affidavits declining further proceedings, and the Public Prosecutor supported the quashment in the interest of justice.

What did the court decide?

The Annexure.A1 FIR and Annexure.A2 Final Report in Crime No.95/2014 and the proceedings thereof in C.C. No.313/2014 stand quashed.

Aboobacker Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

¶4

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

¶5

CRL.MC NO. 646 OF 2024

¶6

CRIME NO.95/2014 OF POOKOTTUMPADAM POLICE STATION, MALAPPURAM

¶7

IN CC NO.313 OF 2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NILAMBUR

¶8

PETITIONERS/ACCUSED:

¶9

1 ABOOBACKER

¶10

AGED 62 YEARS S/O ALAVI, KIZHAKKEVEETIL HOUSE, MAYILAMPARA, KARULAYI AMSOM, MALAPPURAM DISTRICT, PIN - 679331

¶11

2 ABDUL MAJEED AGED 61 YEARS S/O MUHAMMAD, KONDOTTIPARAMBAN HOUSE, MAYILAMPARA, KARULAYI AMSOM, MALAPPURAM DISTRICT, PIN - 679331

¶12

3 MARIYUMMA AGED 54 YEARS W/O ABOOBACKER, KIZHAKKEVEETIL HOUSE, MAYILAMPARA, KARULAYI AMSOM, MALAPPURAM DISTRICT, PIN - 679331 BY ADV P.SAMSUDIN

¶13

RESPONDENTS/STATE, DEFACTO COMPLAINANT AND VICTIM:

¶14

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

¶15

2 KADEEJA AGED 58 YEARS W/O MARAKKAR, PUNACHIKUZHIYIL HOUSE, MAYILAMPARA, KARULAYI AMSOM, MALAPPURAM DISTRICT, PIN - 679331

¶16

3 MUJEEB RAHMAN AGED 41 YEARS

¶17

S/O MARAKKAR, PUNACHIKUZHIYIL HOUSE, MAYILAMPARA,
KARULAYI AMSOM, MALAPPURAM DISTRICT, PIN - 679331

¶18

SR PP - RENJITH GEORGE

¶19

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

¶20

Crl.M.C. No. 646 of 2024

¶21

¶22

ORDER

¶23

Dated this the 22 nd day of May, 2024

¶24

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.95/2014 of Pookkottumpadam Police Station, Malappuram, now pending as C.C. No.313/2014 on the files of the Judicial First Class Magistrate Court, Nilambur.

¶25

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

¶26

In this matter, prosecution alleges commission of offences punishable under Sections 354, 323 read with 34 of IPC.

¶27

It is submitted that the matter has been amicably settled and the defacto complainant and victim filed affidavits in this regard. The defacto complainant and the victim stated in their affidavits t hat they have no intention to proceed further in this matter.

¶28

¶29

Crl.M.C. No. 646 of 2024

¶30

5 . The learned Public Prosecutor also submitted that

¶31

the matter has been settled between the parties and statements of the defacto complainant and the victim, to that effect have been recorded.

¶32

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.

¶33

In the result, this Criminal Miscellaneous Case stands allowed. Annexure.A1 FIR and Annexure.A2 Final Report in Crime No.95/2014 of Pookkottumpadam Police Station, Malappuram, now pending as C.C. No.313/2014 on the fles of the Judicial First Class Magistrate Court, i Nilambur and the proceedings thereof stand quashed.

Sd/-

A. BADHARUDEEN

JUDGE

Crl.M.C. No. 646 of 2024

¶39

¶40

APPENDIX OF CRL.MC 646/2024

¶41

PETITIONER ANNEXURES :

¶42

Annexure -A1CERTIFIED COPY OF THE FIR IN CRIME NO.
95/2014 OF POOKKOTTUMPADAM POLICE
STATION
Annexure -A2CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 95/2014 OF POOKKOTTUMPADAM
POLICE STATION
Annexure -A3THE ORGINAL AFFIDAVIT DATED 29-09-2023
SWORN IN BY THE 2ND RESPONDENT
Annexure -A4THE ORIGINAL AFFIDAVIT DATED 29-09-2023
SWORN IN BY THE 3RD RESPONDENT

¶43

RESPONDENTS’ ANNEXURES : NIL

Aboobacker v. State of Kerala

Case brief

What is this about?

What did the court decide?

Aboobacker 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

M.V. Joseph Vs State of Kerala

Samuel.M.C @Baby Vs State of Kerala

Manu a. Vs State of Kerala

Marakkar Vs State of Kerala

Bindhu@Jalajakumari Vs State of Kerala

Ajay Raj, Vs State of Kerala