Allowed

Kochu Muhammed v. State of Kerala

Kerala HC16 Mar 2016Crl.MC/1178/2016

Case brief

AI extract

What is this about?

This bench allowed the criminal miscellaneous petition and quashed the First Information Report and all further proceedings against the accused. The matter was amicably settled between the petitioners and the respondents, with trivial injuries sustained and no criminal antecedents reported.

What did the court decide?

Annexure-2 First Information Report in Crime No.3300/2015 of Perumbavoor Police Station and all further proceedings against the petitioners were quashed.

Kochu Muhammed 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 16TH DAY OF MARCH 2016/26TH PHALGUNA, 1937

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Crl.MC.No. 1178 of 2016

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CRIME NO. 3300/2015 OF PERUMBAVOOR POLICE STATION, ERNAKULAM ---------------

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PETITIONER(S	)/ACCUSED:
------------	---------
1.	KOCHU MUHAMMED, S/O.KUNJEENPILLA, KARUVALLI VEEDU, PERUMANI, VENGOLA.
2.	SHINAJ, S/O.ALIYAR, KARUVALLI VEEDU, PERUMANI, VENGOLA.
3.	HIMESH KUMAR T.K, S/O.KUNJIMON, THOLLUKUDY HOUSE, PERUMANI, VENGOLA.
4.	JINJU SIVANANDAN, SIVANANDHAN, CHALIL HOUSE, PERUMANI, VENGOLA.
5.	SHAMSUDHEEN M.S, S/O.SIDHEEK, MOLEKKUDY HOUSE, VENGOLA, ARAKKAPPADY.
	BY ADV. SRI.ESM.KABEER
RESPONDENT(S ------------	)/STATE/DEFACTO COMPLAINANT: ----------------------------
1.	STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, THROUGH REPRESENTING SUB INSPECTOR OF POLICE, PERUMBAVOOR 685555.
2.	P.V.SANTHOSH, AGED 51 YEARS, S/O.K.VELAYUDAN, PANDIRIKKOTTIL, NORTH MUZHAVANNUR PO, CHEENIKUZHY, PERUMBAVOOR, PROPRIETOR, SN ROCKS, PRODUCTS, ARAKKAPPADY PO.685555.
*****	ADDL.R3 IMPLEADED
3.	RAJESH KUMAR, AGED 27, S/O.KUMAR, NAMBIYARPARAMBIL HOUSE, CHEENIKUZHY BHAGAM, VALAMBOOR KARA, PERUMBAVOOR.
	ADDL.R3 IS IMPLEADED AS PER ORDER DT.16/3/16 IN CRL.MA.2395/16
	R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R2,3 BY ADV. SRI.NIXON PAUL
THIS 16-03	CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON -2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1178 of 2016

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE I: THE CERTIFIED COPY OF THE FINAL CHARGE IN CRIME NO.3300/2015 OF PERUMBAVOOR POLICE STATION

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ANNEXURE 2: THE TRUE PHOTOCOPY OF THE CRIME NO.3300/2015 OF PERUMBAVOOR POLICE STATION

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ANNEXURE 3: THE ORIGINAL AFFIDAVIT SUBMITTED BY 2ND RESPONDENT BEFORE THIS HONOURABLE COURT

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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. 1178 of 2016 ............................................................... Dated this the 16^th day of March, 2016

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O R D E R

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Petitioners are accused Nos.1 to 5 in Crime No.3300/2015 of the Perumbavoor Police Station, registered for the offences punishable under Sections 450, 358, 379, 147, 148, 506(i) and 324 read with Section 149 of the Indian Penal Code.

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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 Annexures-3 and 4 affirming that the matter has been amicably settled between them and the petitioners and they have no complaints against the petitioners. The injuries sustained to the injured persons are

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CRL.M.C.No. 1178 of 2016

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-: 2 :-

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trivial.

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No criminal antecedents have been reported

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against the petitioners. When the matter has been amicably

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settled, no purpose would be served in proceeding with the matter further, and therefore, Annexure-2 First Information Report in Crime No.3300/2015 of the Perumbavoor Police Station, and all further proceedings in it as against the petitioners, can be quashed.

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In the result, this Crl.M.C. is allowed and Annexure-2 First Information Report in Crime No.3300/2015 of the Perumbavoor Police Station, and all further proceedings in it as against the petitioners, 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

Kochu Muhammed v. State of Kerala

Case brief

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Kochu Muhammed v. State of Kerala

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