Arif Sulthan vs State Of Kerala
2024 Latest Caselaw 29957 Ker

Kerala High Court

Arif Sulthan vs State Of Kerala on 22 October, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

Crl.M.C. No.4567 of 2021
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                                                     2024:KER:78675

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946

                           CRL.MC NO. 4567 OF 2021

CRIME NO.624/2017 OF HARBOUR POLICE STATION, ERNAKULAM

         AGAINST THE ORDER/JUDGMENT DATED IN CC NO.686 OF

2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,KOCHI

PETITIONER/ACCUSED:

             ARIF SULTHAN
             AGED 38 YEARS, S/O. LATE MUHAMMED SULTHAN
             DAR, CRAFTERS AND ANTIQUE SHOP, BRISTOW ROAD,
             WILLINGTON ISLAND, KOCHI-682 003



RESPONDENTS/STATE & DEFACTO COMPLAINANT:

     1       STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
             OF KERALA, KOCHI-682 031

     2       THE SUB INSPECTOR OF POLICE,
             HARBOR POLICE STATION, WILLINGTON ISLAND,
             KOCHI - 682 003

     3       SUDHARSHAN SAHU
             AGED 36 YEARS, S/O. BONSIDAR SAHU, SENIOR
             ASSISTANT MANAGER, TRIDENT HOTEL, BRISTOW
             ROAD, WILLINGTON ISLAND, KOCHI - 682 003
 Crl.M.C. No.4567 of 2021
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                                                        2024:KER:78675

             BY ADV.
             SRI. RENJITH T.R., SR.PP

       THIS      CRIMINAL   MISC.       CASE   HAVING   COME   UP   FOR
ADMISSION ON 22.10.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
 Crl.M.C. No.4567 of 2021
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                                                    2024:KER:78675

                     P.V.KUNHIKRISHNAN, J.
                 ----------------------------------------
                    Crl.M.C. No.4567 of 2021
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            Dated this the 22nd day of October, 2024



                            ORDER

This Criminal Miscellaneous Case is filed to

quash the proceedings in CC No.686/2017 on the

file of Judicial First Class Magistrate Court-I, Kochi.

The above case is charge sheeted against the

petitioner alleging offences punishable under

Sections 447, 506 r/w 34 of IPC.

2. When this Crl.MC came up for

consideration, the learned counsel for the petitioner

submitted that the matter is settled. An affidavit is

also filed by the victim. The learned Public

Prosecutor submitted that a statement is recorded

2024:KER:78675

from the victim and the matter is settled. If that be

the case, I think, the proceedings against the

petitioner need not be continued. The dispute is

only private in nature.

Therefore, this Criminal Miscellaneous Case is

allowed. All further proceedings against the

petitioner in CC No.686/2017 on the file of Judicial

First Class Magistrate Court-I, Kochi are quashed.

Sd/-

                                           P.V.KUNHIKRISHNAN
nvj                                              JUDGE






                                                    2024:KER:78675




PETITIONER ANNEXURES

Annexure A1                TRUE   COPY    OF   COMPLAINT   DATED

15.04.2017 LODGED BY THE PETITIONER

Annexure A2 TRUE COPY OF CHARGE SHEET DATED 13.05.2017 IN CRIME NO.623/2017 TAKEN

Annexure A3 TRUE COPY OF FIR IN CRIME NO.624/2017 DATED 19.04.2017 OF THE HARBOUR POLICE STATION

Annexure A4 TRUE COPY OF CHARGE SHEET DATED 13.05.2017 IN CRIME NO.624/2017 TAKEN

Annexure A5 TRUE COPY OF ORDER DATED 25.03.201 OF THE HONOURABLE HIGH COURT IN RSA NO.199/2021(F)

RESPONDENTS EXHIBITS : NIL

//TRUE COPY// PA TO JUDGE