Allowed

Shajahan v. Mujeeb Rehman and Another

Kerala HC1 Jul 2011Crl.MC/1910/2011

Case brief

AI extract

What is this about?

In a criminal miscellaneous case under Criminal Procedure Code, theHon'ble Court quashed proceedings against the first accused for offences punishable under Sections 294, 323, 324, and 506 read with Section 34 of the IPC. The court allowed the quashing as the dispute was personal and had been mutually settled with an affidavit.

What did the court decide?

Criminal Miscellaneous Case allowed. Proceedings against the petitioner/accused No. 1 in CC No. 306 of 2007 quashed.

Shajahan Vs Mujeeb Rehman and Another — Civil Procedure and Limitation | Kerala HC (2011)

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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 THOMAS P.JOSEPH

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FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933

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Crl.MC.No. 1910 of 2011()

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CRIME NO. 291/2000 OF PARASSALA POLICE STATION, THIRUVANANTHAPURAM

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PETITIONER / 1ST ACCUSED :

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

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SHAJAHAN, S/O. ABDUL KARIM, PRAKKATHERI VEEDU, IDICHAKKAPLAMOODU, PARASUVAIKKAL DESOM, PARASSALA VILLAGE.

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BY ADV. SMT.D.P.RENU

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RESPONDENTS : CW1 & STATE :

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

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1. MUJEEB REHMAN, S/O. SAINUDEENKHAN, KURUMKUTTI NMSS MANZIL, IDICHAKKAPLAMOODU, PARASSALA VILLAGE, THIRUVANANTHAPURAM DIST.

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2. STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, PARASSALA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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...2/-

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Crl.MC.No. 1910 of 2011()

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APPENDIX

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PETITIONER'S ANNEXURE'S

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ANNEXURE - I : COPY OF FIR DT. 21.7.2000 BY PARASALA POLICE.

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ANNEXURE - II : COPY OF CHARGE SHEET BY THE PARASSALA POLICE.

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ANNEXURE - III : COPY OF JUDGMENT IN C.C. 643/2000 DT. 25.11.2006 OF JUDICIAL 1ST CLASS MAGISTRATE COURT-II, NEYYATTINKARA.

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ANNEXURE - IV : AFFIDAVIT SIGNED BY 1ST RESPONDENT DATED 23.6.2011.

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RESPONDENT'S ANNEXURE'S - NIL

//TRUE COPY//

P.A. TO JUDGE

THOMAS P. JOSEPH, J.

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Crl. M.C No. 1910 OF 2011

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DATED THIS THE 1^st DAY OF JULY, 2011

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O R D E R

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Petitioner is the 1^st accused in Crime No.291 of 2000 of Parassala Police Station and CC No.306 of 2007 of Judicial First Class Magistrate Court-II, Neyyattinkara for offences punishable under Section 294 (b), 323, 324 and 506 (ii) read with Section 34 of the IPC. Case is that petitioner and the 2^nd accused voluntarily caused hurt to the 1^st respondent hitting with a stone. 2^nd accused faced trial in CC No.643 of 2000, was found guilty, convicted and released on probation under Section 4 (1) of the Probation of the Offenders Act with a direction to pay compensation of Rs.1,000/-. Since petitioner was not available for trial at that time, case against him was re-filed as CC No.306 of 2007. Now parties have settled the dispute, and that 1^st respondent has filed Annexure-IV affidavit attested by a Notary public. It is stated that petitioner and 1^st respondent are working abroad together and in the circumstances, 1^st respondent is not desirous of prosecuting the case further.

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Crl. M.C No.1910/2011

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-2-

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I have heard learned Counsel for Petitioner/1^st accused, 1^st respondent and learned Public Prosecutor. Counsel on both sides confirmed the settlement. Learned counsel for the 1^st respondent has also confirmed the genuineness and authenticity of Annexure-IV affidavit.

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Since the 1^st respondent, injured has settled the dispute with petitioner with whom he is working abroad, the dispute is personal to and between them and that dispute is settled, I am inclined to interfere.

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Resultantly this Crl. M.C is allowed. Proceedings against petitioner/accused No.1 in CC No.306 of 2007 of Judicial 1^st Class Magistrate Court-II, Neyyattinkara are quashed.

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Sd/-

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THOMAS P. JOSEPH JUDGE

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AMG

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True copy

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P.A to Judge

Shajahan v. Mujeeb Rehman and Another

Case brief

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Shajahan v. Mujeeb Rehman and Another

Case brief

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