Allowed

Shafeer v. State of Kerala

Kerala HC19 Jan 2016Crl.MC/100/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition under Article 226 of the Constitution to quash criminal proceedings against the petitioner. The Court found that the dispute arising from offences under IPC Sections 341, 323, 324, and 506 had been amicably settled between the accused and the de facto complainant, making further prosecution unnecessary.

What did the court decide?

All further proceedings against the petitioner in CC No.459/2014 are quashed.

Shafeer Vs State of Kerala — Quashing and FIR | Kerala HC (2016)

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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 B.KEMAL PASHA

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TUESDAY, THE 19TH DAY OF JANUARY 2016/29TH POUSHA, 1937

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Crl.MC.No. 100 of 2016 ()

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CC.NO. 459/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMANGALAM, KOZHIKODE DISTRICT CRIME NO. 149/2014 OF KUNNAMANGALAM POLICE STATION, KOZHIKODE

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PETITIONER/ACCUSED :

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SHAFEER,

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S/O.KUNJALAVI, AGED 23 YEARS KUTTIPPILAKKAL HOUSE, P.O.THIRUNAVAYA, TIRUR MALAPPURAM DISTRICT.

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BY ADV. SRI.C.M.KAMMAPPU

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RESPONDENTS/STATE & DEFACTO COMPLAINANT/INJURED :

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1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM - 682 031 (THROUGH S.I. OF POLICE, KUNNAMANGALAM POLICE STATION, KOZHIKODE DISTRICT)

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2. NIHAL V.P., S/O.NASAR, AGED 21 YEARS, VATTAM PARAMBIL HOUSE, CHULAMVAYAL KUNNAMANGALAM, KOZHIKODE DISTRICT - 673 123.

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R1 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE R2 BY ADV. SMT.N.S.FATHIMATH SUHRA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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...2/-

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Crl.MC.No. 100 of 2016 ()

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APPENDIX

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PETITIONERS' ANNEXURES :

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ANNEXURE I - CERTIFIED COPY OF FINAL REPORT IN CRIME NO.149/14 OF KUNNAMANGALAM POLICE STATION. ANNEXURE II - AFFIDAVIT OF THE 2ND RESPONDENT.

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RESPONDENT(S)' ANNEXURES : NIL

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//TRUE COPY//

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P.A. TO JUDGE Mn

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B. KEMAL PASHA, J.

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Crl.M.C. No.100 of 2016

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Dated this the 19^th day of January, 2016

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O R D E R

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~ ~ ~ ~ ~ ~

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Petitioner is the accused in CC No.459/2014 of

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the Judicial First Class Magistrate's Court,

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Kunnamangalam, which has arisen from Crime No.149/2014 of Kunnamangalam Police Station for the offences punishable under Sections 341, 323, 324 and 506 (i) IPC.

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It seems that the matter has been amicably settled between the petitioner and the de facto complainant, who is the 2^nd respondent herein.

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The 2^nd respondent has filed Annexure-II affidavit

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affirming that the matter has been amicably settled between him and the petitioner and presently, he has no complaints against the petitioner. No criminal antecedents have been reported against the petitioner. The injuries sustained to the

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Crl.M.C.100/2016

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: 2 :

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de facto complainant are trivial. No purpose would be served in proceeding with the matter further. Matters being so, all further proceedings against the petitioner in CC No.459/2014 of the Judicial First Class Magistrate's Court, Kunnamangalam, which has arisen from Crime No.149/2014 of Kunnamangalam Police Station, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings against the petitioner in CC No.459/2014 of the Judicial First Class Magistrate's Court, Kunnamangalam, which has arisen from Crime No.149/2014 of Kunnamangalam Police Station, are quashed.

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/19/01

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// True Copy //

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PA to Judge

Shafeer v. State of Kerala

Case brief

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Shafeer v. State of Kerala

Case brief

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