SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Muhammed Harees vs The State Of Kerala on 14 January, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

TUESDAY, THE 14TH DAY OF JANUARY 2020 / 24TH POUSHA, 1941

Crl.MC.No.252 OF 2020(B)

AGAINST THE ORDER/JUDGMENT IN CC 378/2019 OF JUDICIAL FIRST CLASS
MAGISTRATE’S COURT -II, KASARAGOD

CRIME NO.412/2018 OF Kumbla Police Station , Kasaragod

PETITIONERS/ACCUSED:

1 MUHAMMED HAREES
AGED 27 YEARS
S/O.HAMEED,RESIDING AT HAREES MANZIL,
SONKAL,PRATHAP NAGAR,
MANGALPADY VILLAGE AND POST,KASARAGOD TALUK,
KASARAGOD DISTRICT.

2 MAIMOONA,
AGED 48 YEARS
W/O HAMEED,RESIDING AT HAREES MANZIL,
SONKAL,PRATHAP NAGAR,
MANGALPADY VILLAGE AND POST,KASARAGOD TALUK,
KASARAGOD DISTRICT.

3 MOIDEENKUNHI @ MIGDAD,
AGED 25 YEARS
S/O.HAMEED,RESIDING AT HAREES MANZIL,
SONKAL,PRATHAP NAGAR,
MANGALPADY VILLAGE AND POST,KASARAGOD TALUK,
KASARAGOD DISTRICT.

4 IBRAHIM HAJI,
AGED 79 YEARS
S/O.BABA PYARI,RESIDING AT CHIMBARA HOUSE,
BEKOOR,KUBANOOR VILLAGE,KASARAGOD DISTRICT.

5 HAMEED MOIDEEN,
AGED 56 YEARS
S/O.MOIDEEN,RESIDING AT HAREES MANZIL,
SONKAL,PRATHAP NAGAR,
MANGALPADY VILLAGE AND POST,KASARAGOD TALUK,
KASARAGOD DISTRICT.

BY ADVS.
SRI.T.MADHU
SMT.C.R.SARADAMANI
Crl.MC.No.252 OF 2020(B)

2

RESPONDENTS/STATE:

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

2 THE STATION HOUSE OFFICER
KUMBLA POLICE STATION,
KASARAGOD DISTRICT-671321.

3 SHEMEENA.O
AGED 23 YEARS
D/O.YOUSAF,RESIDING AT SHAHILA MANZIL,
VIKAS NAGAR,KATTATHADKA,PUTHIGE POST,
MANJESHWAR TALUK,KASARAGOD DISTRICT-671321.

R3 BY ADV. K.ABDUL NASIR

SRI.SANTHOSH PETER – SR.PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 14.01.2020, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.MC.No.252 OF 2020(B)

3

Crl.M.C.No.252 of 2020
———————————————–

ORDER

This is a proceedings under Section 482 of the Code

of Criminal Procedure for quashing Annexure – A2 Final Report

pending trial before the Judicial First Class Magistrate’s Court-

II, Kasaragod in C.C.No.378 of 2019.

2. The petitioners are the accused in the said

case. The case was one registered under Sections 323, 354,

341 and 498A read with Section 34 of the Indian Penal Code.

3. It is stated that the petitioners and the de facto

complainant of the crime have amicably settled the disputes

and an affidavit sworn to by the de facto complainant is part

of the records.

4. Heard the learned counsel for the petitioners,

the learned Public Prosecutor as also the learned counsel for

the de facto complainant.

5. In the light of the decision of the Apex Court in

Gian singh v. State of Punjab, (2012) 10 SCC 303, insofar
Crl.MC.No.252 OF 2020(B)

4

as the offences alleged against the petitioners are only

offences punishable under Sections 323, 354, 341 and 498A

read with Section 34 of the Indian Penal Code, I am of the

view that this is an appropriate case where this court has to

invoke the jurisdiction under Section 482 of the Code of

Criminal Procedure to quash the proceedings.

In the result, the Crl.M.C. is allowed and Annexure –

A2 Final Report pending trial before the Judicial First Class

Magistrate’s Court-II, Kasaragod in C.C.No.378 of 2019 and all

further proceedings thereto are quashed.

Sd/-

P.B.SURESH KUMAR, JUDGE.

PV
Crl.MC.No.252 OF 2020(B)

5

APPENDIX
PETITIONERS’ EXHIBITS:

ANNEXURE A1 THE TRUE CERTIFIED COPY OF THE FIR
DATED 25/7/2018 IN CRIME NO.412/2018
OF KUMBLA POLICE STATION

ANNEXURE A2 THE TRUE CERTIFIED COPY OF THE FINAL
REPORT DATED 25/12/2018 IN CRIME
NO.412/2018 OF KUMBLA POLICE STATION.

ANNEXURE A3 THE AFFIDAVIT DATED 15/11/2019 SWORN
IN BY THE THIRD RESPONDENT.

RESPONDENTS’ EXHIBITS: NIL

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation