Mahin vs State of Kerala

MAHIN vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Apr 01, 2024

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https://sooperkanoon.com/case/1310084

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Citation: sooperkanoon.com/1310084
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice a. Badharudeen
Decided On: Apr 01, 2024
Case Number: Crl.MC/9415/2023

Parties & Advocates

Appellant / Petitioner

MAHIN

Respondent

State of Kerala

Excerpt

.....case has been filed under section 482 of the code of criminal procedure, 1973, to quash annexure-a2 final report in c.c.no.125/2017 pending before the judicial first class magistrate court-i, perumbavoor, arose out of crime no.93/2017 of perumbavoor police station. petitioners herein are accused nos.1 and 2 in the above case.2. heard the learned counsel for the petitioners, the learned counsel appearing for the de facto complainant and the learned public prosecutor.3. it is submitted by the respective counsel and thelearned public prosecutor that in a case involving minor offences under sections 341 and 294(b) read with section 34 of ipc, the matter has been settled in between the parties and the injured persons, viz., sakeena, assainar and saida c.m. conceded the settlement by filing separate affidavits sworn by them. as per the affidavits, they have no grievance in the matter of quashing the proceedings. in view of the settlement, there is no need to continue the proceedings. therefore, i am inclined to allow this petition. in the result, this petition stands allowed. annexure-a2 final report in c.c.no.125/2017 on the files of the judicial first class magistrate court-i, perumbavoor, arose out of crime no.93/2017 of perumbavoor police station, stand quashed. sd/- a. badharudeen judge nkr appendix of crl.mc 9415/2023 petitioner annexures annexure a1 the true copy of the fir no. 93/2017 dated 09.01.2017 of the perumbavoor police station, ernakulam district annexure a2 the certified copy of the final reportdated 15.01.2017 in c.c no. 125 of 2017 on the files of judicial first class magistrate court-i, perumbavoor, ernakulam district annexure a3 the affidavit executed by the 3rd annexure a4 the affidavit executed by the 4th annexure a5 the affidavit executed by the 5th respondents annexures : nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN MONDAY, THE 1ST DAY OF APRIL 2024 / 12TH CHAITHRA, 1946 CRIME NO.93/2017 OF PERUMBAVOOR POLICE STATION, ERNAKULAM CC NO.125 OF 2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS I, PERUMBAVOOR
PETITIONERS/ACCUSED NOS.1 AND 2: 1 MAHIN AGED 34 YEARS S/O KAREEM, CHITTETHUKUDY HOUSE, THANDEKKADU, PONJASSERY PO, 2 MAHIN AGED 38 YEARS S/O BAVA, POOVATHINGAL HOUSE, THANDEKKADU, PONJASSERY PO, BY ADVS. P.B.MUHAMMED AJEESH RAIEEZ M ASHRAF RESPONDENTS/COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER PERUMBAVOOR POLICE STATION, ERNAKULAM., PIN - 683542 3 SAKEENA W/O ASSAINNAR, MANNACHERRY HOUSE, PONJASSERY, VENGOLA VILLAGE, 4 ASSAINAR S/O MOIDEEN, MANNACHERRY HOUSE, PONJASSERY, VENGOLA VILLAGE,
5 SAIDA C.M W/O MAHIN, KANJIRATHINGAL HOUSE, ALLAPPRA KARA, ORNA, ALLAPPRA PO, VENGOLA VILLAGE, ERNAKULAM DISTRICT., PIN - 683556 SMT.NIMA JACOB, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 1st day of April, 2024 This criminal miscellaneous case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure-A2 Final Report in C.C.No.125/2017 pending before the Judicial First Class Magistrate Court-I, Perumbavoor, arose out of crime No.93/2017 of Perumbavoor police station. Petitioners herein are accused Nos.1 and 2 in the above case.

2. Heard the learned counsel for the petitioners, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor.

3. It is submitted by the respective counsel and the

learned Public Prosecutor that in a case involving minor offences under Sections 341 and 294(b) read with Section 34 of IPC, the matter has been settled in between the parties and the injured persons, viz., Sakeena, Assainar and Saida C.M. conceded the settlement by filing separate affidavits sworn by them. As per the affidavits, they have no grievance in the matter of quashing the proceedings. In view of the settlement, there is no need to continue the proceedings. Therefore, I am inclined to allow this petition. In the result, this petition stands allowed. Annexure-A2 Final Report in C.C.No.125/2017 on the files of the Judicial First Class Magistrate Court-I, Perumbavoor, arose out of crime No.93/2017 of Perumbavoor police station, stand quashed. Sd/- A. BADHARUDEEN JUDGE nkr APPENDIX OF CRL.MC 9415/2023 PETITIONER ANNEXURES ANNEXURE A1 THE TRUE COPY OF THE FIR NO. 93/2017 DATED 09.01.2017 OF THE PERUMBAVOOR POLICE STATION, ERNAKULAM DISTRICT ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT

DATED 15.01.2017 IN C.C NO. 125 OF 2017 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PERUMBAVOOR, ERNAKULAM DISTRICT ANNEXURE A3 THE AFFIDAVIT EXECUTED BY THE 3RD ANNEXURE A4 THE AFFIDAVIT EXECUTED BY THE 4TH ANNEXURE A5 THE AFFIDAVIT EXECUTED BY THE 5TH RESPONDENTS ANNEXURES : NIL

Same Court & Year Kerala Orders · 2024 Same Parties MAHIN vs State of Kerala Same Judge Honourable Mr. Justice a. Badharudeen