Allowed

Mohammedkunhi and Others v. State and Others

Kerala HC5 Oct 2010Crl.MC/3634/2010

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition under Section 482 CrPC seeking to quash proceedings for offences under various sections of the IPC, the High Court quashed the case after finding that the dispute had been settled amicably and the offences were purely personal in nature, citing Madan Mohan Abbot.

What did the court decide?

C.C. 758/2009 on the file of Judicial First Class Magistrate's Court-I, Hosdurg is quashed.

Mohammedkunhi and Others Vs State and Others — Quashing and FIR | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR

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TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932

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Crl.MC.No. 3634 of 2010()

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CC.758/2009 OF JUDL. FIRST CLASS MAGISTRATE COURT-I, HOSDRUG CRIME NO. 194/08 OF HOSDRUG POLICE STATION, KASARAGOD

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PETITIONERS / ACCUSED NOS. 1, 2, 3 & 6

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-----------------------------------------------------------

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1. MOHAMMEDKUNHI, AGED 53 YEARS, S/O.MOIDEENKUNHI, KOOLIYANGAL HOUSE, KOOLIYANGAL, P.O.KANHANGAD, HOSDURG VILLAGE, KASARAGOD DISTRICT.

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2. M.K.NAZER, AGED 27 YEARS,

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S/O.K.K.KUNHABDULLA, M.K.HOUSE, KOOLIYANGAL, P.O.KANHANGAD, HOSDURG VILLAGE, KASARAGOD DISTRICT.

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3. K.K.ASHRAF, AGED 27 YEARS, S/O.K.K.KUNHAMU, KOOLIYANGAL HOUSE, KOOLIYANGAL, P.O.KANHANGAD, HOSDURG VILLAGE, KASARAGOD DISTRICT.

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4. IRSHAD T., AGED 30 YEARS,

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S/O.MOHAMMADKUNJI, KOOLIYANGAL HOUSE, KOOLIYANGAL, P.O.KANHANGAD, HOSDURG VILLAGE, KASARAGOD DISTRICT.

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BY ADV. SRI.K.P.HARISH

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RESPONDENTS / STATE & DEFACTO COMPLAINANT

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--------------------------------------------------------------------------

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

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2. E.L.NAZER, AGED 28 YEARS, S/O.SAIDU MOHAMMED, KOOLIYANGAL, P.O.KANHANGAD, HOSDURG VILLAGE, KASARAGOD DISTRICT. PIN – 671 815

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R1 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA R2 BY ADV. SRI.M.REVIKRISHNAN

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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M.SASIDHARAN NAMBIAR,J.

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--------------------------------------------- CRL.M.C.NO.3634 OF 2010 --------------------------------------------- Dated 5^th October, 2010

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O R D E R

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Petitioners are accused 1,2,3, and

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6 in C.C.758/2009 on the file of Judicial

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First Class Magistrate's Court-I, Hosdurg taken cognizance for the offences under Sections 143, 147, 148, 457, 380 and 427 read with Section 149 of Indian Penal Code on Annexure-AII final report submitted by Sub Inspector of Police. Prosecution case, as seen from Annexure-AII final report, is that ten accused formed themselves into an unlawful assembly with the common object of causing damage to the Shakha office of Indian National League at Kooliyangal, being the members of Indian Union Muslim League and in furtherance of the common

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Crmc 3634/10

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object, armed with deadly weapons broke opened the door and threw the furniture and

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took away the colour TV and caused loss to the tune of Rs.10,000/- to Indian National League and thereby committed the offences. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings pending before the learned Magistrate contending that

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subsequently entire disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. Petitioners produced

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Annexure-AIII agreement entered into by Sakha committee of Indian National League, Kooliyangal Shakha whereunder President and Secretary of Indian Nationl League decided to withdraw the case and issued a consent letter and affidavit and agreed to file an affidavit

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Crmc 3634/10

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before this Court. Annexure-AIV consent letter

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was also executed by the Secretary of Indian National League authorizing Irshad to file an affidavit before this Court. A separate affidavit was filed by the second respondent Secretary of Indian National League who is the de facto complainant stating that entire disputes were settled amicably and consequent to the settlement, he is not interested to continue the prosecution. Second respondent was represented by a counsel who submitted that entire disputes were settled amicably.

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instructions submitted that the statement recorded subsequently from the de facto complainant establishes that the matter has been settled amicably.

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Crmc 3634/10

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petitioners are purely personal in nature against the office of Shakha of Indian National League. Affidavit filed by the Secretary of Shakha committee with Annexure-AIII

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agreement establishes that entire disputes were settled amicably. As held by the Apex Court in

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Madan Mohan Abbot v. State of Punjab (2008 (3)

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KLT 19 (SC) when the disputes were settled amicably between the parties and offences alleged are purely personal in nature, it is not in the interest of justice to continue the prosecution.

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Petition is allowed. C.C.758/2009 on the file of Judicial First Class Magistrate's Court-I, Hosdurg is quashed.

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M.SASIDHARAN NAMBIAR, JUDGE.

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uj.

Mohammedkunhi and Others v. State and Others

Case brief

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Mohammedkunhi and Others v. State and Others

Case brief

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