Allowed

Aboobackar v. State of Kerala

Kerala HC11 Mar 2016Crl.MC/1136/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition to quash pending criminal proceedings in S.C.No.618 of 2014 against the petitioner for offenses under the Indian Penal Code. The quashing was based on the acquittal of all other accused, an amicable settlement between the petitioner and the complainant, and the absence of criminal antecedents.

What did the court decide?

All further proceedings in S.C.No.618 of 2014 pending before the Additional Assistant Sessions Court-II, Thrissur, are quashed.

Aboobackar 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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FRIDAY, THE 11TH DAY OF MARCH 2016/21ST PHALGUNA, 1937

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Crl.MC.No. 1136 of 2016 ()

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AGAINST THE ORDER/JUDGMENT IN SC No.618/2014 of II ADDL.ASSISTANT SESSIONS COURT, THRISSUR, CRIME NO. 96/1998 OF VADAKKEKKAD POLICE STATION , TRISSUR

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PETITIONER(S)/11TH ACCUSED :

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ABOOBAKKAR, AGED 45 YEARS, S/O.KIZHAKKOOTT HAMZA, AKALAD DESOM, PUNNAYUR VILLAGE, MANNALAMKUNNU, CHAVAKKAD, THRISSUR DISTRICT.

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BY ADV. SRI.A.HAROON RASHEED

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RESPONDENT(S)/COMPLAINANT :

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1. STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, VADAKKEKKAD POLICE STATION THRISSUR DISTRICT. REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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2. RABIYATH, AGED 37 YEARS S/O.HAMZA, VALIYAPURAKKAL HOUSE, PUNNAYUR VILLAGE, VADEKKEKKAD, THRISSUR DISTRICT - 680 512.

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R2 BY ADV. SRI.C.R.REKHESH SHARMA R1 BY SMT.SAREENA GEORGE, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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AMV

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: 2 :

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Crl.MC.No. 1136 of 2016 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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ANNEXURE-A1: COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.96/98 OF VADAKKEKKAD POLICE STATION, THRISSUR DT. ANNEXURE-A2: COPY OF THE CHARGE SHEET FILED BY VADAKKEKKAD POLICE IN CRIME NO.96/98. ANNEXURE-A3: COPY OF THE JUDGMENT DATED 31.08.2011 IN S.C.NO.321/200S, ON THE FILES OF ADDL.ASSISTANT SESSIONS COURT IIND, THRISSUR.

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ANNEXURE-A4: COPY OF THE AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT DATED 30.1.2016.

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RESPONDENT(S)' EXHIBITS :

NIL

/TRUE COPY/

P.A.TO JUDGE

AMV

B. KEMAL PASHA, J.

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Crl.M.C.No.1136 of 2016

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Dated this the 11^th day of March, 2016

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ORDER

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Petitioner was originally the 11^th accused in S.C.No.321 of 2002 of the II Additional Assistant Sessions Court, Thrissur, for the offences under Section 143, 147, 148, 341, 324, 307 read with 149 of the Indian Penal Code. All the other accused in the case, who are A1 to A10 were acquitted under Section 232 of the Code of Criminal Procedure, through Annexure-3 order of acquittal, as it was a case wherein there was no evidence that the accused had committed any offences as alleged. As the petitioner was absconding, the case against him was split up and re-filed. Now it is pending as S.C.No.618 of 2014 on the files of Additional Assistant Sessions Court-II, Thrissur.

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Apart from the aforesaid acquittal of all the other accused under Section 232 of Cr.P.C., the matter has been amicably settled between the petitioner and the defacto complainant, who is the 2^nd respondent herein. The defacto complainant has filed Annexure-4 affidavit, affirming that the matter has been amicably settled between him and the petitioner

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Crl.M.C.No.1136 of 2016

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and he has no complaints against the petitioner.

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No criminal antecedents have been reported against

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the petitioner. When the matter has been amicably settled, and in the light of Annexure-3 order of acquittal, no purpose would be served in proceeding with the matter further, and therefore, all further proceedings in S.C.No.618 of 2014, pending before the Additional Assistant Sessions Court-II, Thrissur, which has arisen from Crime No.96 of 1998 of the Vadakkekkad Police Station, Thrissur, as against the petitioner, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings in S.C.No.618 of 2014, pending before the Additional Assistant Sessions Court-II, Thrissur, which has arisen from Crime No.96 of 1998 of the Vadakkekkad Police Station, Thrissur, as against the petitioner, are hereby quashed.

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sd/- B. KEMAL PASHA JUDGE

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AMV/15/3/2016 +++

Aboobackar v. State of Kerala

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Aboobackar v. State of Kerala

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