Allowed

Aziz v. State of Kerala

Kerala HC2 Mar 2016Crl.MC/1028/2016

Case brief

AI extract

What is this about?

This criminal miscellaneous petition was allowed, quashing further proceedings in C.C. No. 1483/2015 at the Kasaragod Judicial First Class Magistrate's Court. The court held that since the matter was amicably settled and parties had no complaints, continuing the trial served no purpose.

What did the court decide?

All further proceedings in C.C. No. 1483/2015 before the Judicial First Class Magistrate's Court-I, Kasaragod, as against the petitioners, are quashed.

Aziz 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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WEDNESDAY, THE 2ND DAY OF MARCH 2016/12TH PHALGUNA, 1937

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Crl.MC.No. 1028 of 2016 ()

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CC 1483/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KASARAGOD CRIME NO. 89/2012 OF BADIADUKKA POLICE STATION, KASARGOD

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PETITIONERS/ACCUSED :

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

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1. AZIZ ZAKAFI, AGED 36 YEARS, S/O. MOIDEENKUNHI, BAPALIPONAM, NEERCHAL POST & VILLAGE, KASARAGOD DISTRICT.

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2. IBRAHIM KHALEEL, AGED 23 YEARS, S/O. ABDULLA, SIRAJ MANZIL, BAPPALIPONAM, NEERCHAL, KASARAGOD DISTRICT.

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BY ADV. SRI.S.JIJI

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RESPONDENTS/STATE & DE-FACTO COMPLAINANT :

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

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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,

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HIGH COURT OF KERALA, ERNAKULAM-682 031.

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2. KALANDARSHA, AGED 27 YEARS,

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S/O. IBRAHIM, BAPPALIPONAM, NEERCHAL

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KASARAGOD DISTRICT-671 124.

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3. SIRAJUDDEEN, AGED 19 YEARS S/O. IBRAHIM, BAPPALIPONAM, NEERCHAL KASARAGOD DISTRICT-671 124.

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R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R2 & R3 BY SMT.K.S.SANTHI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1028 of 2016 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A1 : CERTIFIED COPY OF FINAL REPORT IN CR.89/2012 OF KASARAGOD POLICE STATION. ANNEXURE A2 : COPY OF JUDGMENT IN CC 1892/12 OF JFMC-I, KASARAGOD, DTD.4.9.2015. ANNEXURE A3(A): AFFIDAVIT SWORN BY THE 2ND RESPONDENT. ANNEXURE A3(B): AFFIDAVIT SWORN BY THE 3RD RESPONDENT.

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RESPONDENT(S)' EXHIBITS : NIL.

//TRUE COPY//

P.S. TO JUDGE

B. KEMAL PASHA, J.

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................................................................ CRL.M.C. No. 1028 of 2016

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............................................................... Dated this the 2^nd day of March, 2016

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O R D E R

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Originally, petitioners were A1 and A5 in Crime No.89/2012 of the Badiadka Police Station. The final report in the case was taken on file as C.C.No.1892/12 by the Judicial First Class Magistrate's Court-I, Kasaragod. As the petitioners were absconding, the case against them was split up and refiled as C.C.No.1483/2015. The trial in C.C.No.1892/2012 of the court below ended in acquittal of A2, A3 and A4 in the crime.

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Presently, the matter has been amicably settled between the petitioners and the defacto complainant and the other injured, who are respondents 2 and 3 respectively. They have filed separate affidavits as Annexure A-3(a) and Annexure A-3(b) affirming that the matter has been amicably settled between them and the petitioners, and they have no

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CRL.M.C.No. 1028 of 2016

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-: 2 :-

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complaints against the petitioners.

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No criminal antecedents have been reported

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against the petitioners. When the matter has been amicably settled, no purpose would be served in proceeding with the matter further, and therefore, all further proceedings in C.C.No.1483/2015 before the Judicial First Class Magistrate's Court-I, Kasaragod, as against the petitioners, based on Annexure A-I Final Report in Crime No.89/2012 of the Badiadka Police Station, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.1483/2015 before the Judicial First Class Magistrate's Court-I, Kasaragod, as against the petitioners, based on Annexure A-I Final Report in Crime No.89/2012 of the Badiadka Police Station, are hereby quashed.

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Sd/- B. KEMAL PASHA, JUDGE.

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ul/-

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[True copy] P.S. to Judge

Aziz v. State of Kerala

Case brief

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Aziz v. State of Kerala

Case brief

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