Abdul Samad vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Apr 01, 2024

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Citation: sooperkanoon.com/1320319
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice a. Badharudeen
Decided On: Apr 01, 2024
Case Number: Crl.MC/3025/2024

Parties & Advocates

Appellant / Petitioner

Abdul Samad

Respondent

State of Kerala

Excerpt

.....have filed this petition under section 482 of cr.p.c.2. heard the learned counsel for the petitioners as well as the learned counsel for the 2nd respondent. the learned public prosecutor was also heard.3. this crime was registered alleging the commission ofoffences punishable under sections 447, 294(b), 506(ii) and 427 r/w section 34 of ipc. now the matter has been pending as c.c. no.366/2015 before the judicial first class magistrate court i, kollam. in the affidavit sworn to by the defacto complainant it is stated that the civil cases as well as this criminal case were settled between the parties and the defacto complainant did not want to proceed further in this matter. since the offences are not so serious and the matter has been settled in between the defacto complainant and the petitioners, who are the accused, there is no meaning in continuing with the crl.mc no. 3025 of 2024 3 proceeding further. therefore, by exercising the power under section 482 of cr.p.c, i am inclined to quash the proceedings in c.c.no.366/2015 pending before the judicial first class magistrate court i, kollam. in the result, all further proceedings in c.c.no.366/2015 pending before the judicial first class magistrate court i, kollam arising out of crime no.1762/2014 of the kundara police station stands quashed. sd/- a. badharudeen judge ab crl.mc no. 3025 of 2024 4 appendix of crl.mc 3025/2024 petitioner annexures annexure a certified copy of the fir in crime no.1762/2014 of the kundara police station dated 18.8.2014 annexure b certified copy of the final report in cc.366/2015 of the judicial first class magistrate court-i, kollam annexure c notarized copy of the affidavit sworn by the 2nd respondent dated 16.3.2024 respondents annexures: nil

Full Judgment

CRL.MC NO. 3025 OF 2024 1
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 CRL.MC NO. 3025 OF 2024 CRIME NO.1762/2014 OF Kundara Police Station, Kollam AGAINST CC NO.366 OF 2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, KOLLAM PETITIONER/S: 1 ABDUL SAMAD AGED 64 YEARS S/O.IBRAHIMKUTTY, SAFA, MYTHRI NAGAR, 2 ASHIR AGED 45 YEARS S/O. ABDUL SAMAD, SAFA, MYTHRI NAGAR, 3 RIYAS AGED 40 YEARS S/O.ABDUL SAMAD, SAFA, MYTHRI NAGAR, CHANDANATHOPE PO., KOLLAM DISTRICT, PIN - 691014 BY ADV M.AJITH (KARICODE) RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DISTRICT, PIN - 682031 2 REMA AGED 52 YEARS D/O.RETHNAMMA, RENJITH BHAVAN, KOTTAMKARA VILLAGE, CHANDANANTHOPE PO, KOLLAM DISTRICT, PIN - 691014 BY ADV POOJA KRISHNA K.B. NIMA JACOB PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 3025 OF 2024 2

O R D E R

The accused Nos.1 to 3 in C.C.No.366/2015 on the files of the Judicial First Class Magistrate Court I, Kollam have filed this petition under Section 482 of Cr.P.C.

2. Heard the learned counsel for the petitioners as well as the learned counsel for the 2nd respondent. The learned Public Prosecutor was also heard.

3. This crime was registered alleging the commission of

offences punishable under Sections 447, 294(b), 506(ii) and 427 r/w Section 34 of IPC. Now the matter has been pending as C.C. No.366/2015 before the Judicial First Class Magistrate Court I, Kollam. In the affidavit sworn to by the defacto complainant it is stated that the civil cases as well as this criminal case were settled between the parties and the defacto complainant did not want to proceed further in this matter. Since the offences are not so serious and the matter has been settled in between the defacto complainant and the petitioners, who are the accused, there is no meaning in continuing with the CRL.MC NO. 3025 OF 2024 3 proceeding further. Therefore, by exercising the power under Section 482 of Cr.P.C, I am inclined to quash the proceedings in C.C.No.366/2015 pending before the Judicial First Class Magistrate Court I, Kollam. In the result, all further proceedings in C.C.No.366/2015 pending before the Judicial First Class Magistrate Court I, Kollam arising out of Crime No.1762/2014 of the Kundara Police Station stands quashed. Sd/- A. BADHARUDEEN JUDGE ab CRL.MC NO. 3025 OF 2024 4 APPENDIX OF CRL.MC 3025/2024 PETITIONER ANNEXURES Annexure A CERTIFIED COPY OF THE FIR IN CRIME NO.1762/2014 OF THE KUNDARA POLICE STATION DATED 18.8.2014 Annexure B CERTIFIED COPY OF THE FINAL REPORT IN CC.366/2015 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOLLAM Annexure C NOTARIZED COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 16.3.2024 RESPONDENTS ANNEXURES: NIL

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