Allowed

Shihabudheen v. State of Kerala

Kerala HC9 Mar 2016Crl.MC/1209/2016

Case brief

AI extract

What is this about?

This Court allowed a criminal miscellaneous petition filed by two accused persons to quash criminal proceedings (C.C. No. 717/2015) pending against them. The Court permitted the quashing based on an affidavit from the de-facto complainant confirming an amicable settlement and absence of further complaints.

What did the court decide?

Quashed all further proceedings in C.C. No. 717/2015 as against the petitioners.

Shihabudheen 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 9TH DAY OF MARCH 2016/19TH PHALGUNA, 1937

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Crl.MC.No. 1209 of 2016 ()

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CC 1486/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, MANJERI. CRIME NO. 337/2013 OF KALIKAVU POLICE STATION, MALAPPURAM DISTRICT.

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PETITIONER(S)/1ST AND 2ND ACCUSED:

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1. SHIHABUDHEEN, AGED 39 YEARS,

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S/O.MUHAMMEDALI, THOMMANKADAN HOUSE,

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AMBALAKUNNU, KALIKAVU, MALAPPURAM DISTRICT.

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2. MUSTHAFA AGED 40 YEARS, S/O.POCKER, PILAKADAN HOUSE, AMBALAKUNNU,

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KALIKAVU, MALAPPURAM DISTRICT.

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BY ADV. SRI.P.SAMSUDIN

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RESPONDENT(S)/STATE AND DE-FACTO COMPLAINANT:

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1. STATE OF KERALA,

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REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. (IN CRIME NO.337/2013 OF KALIKAVU POLICE STATION,

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MALAPPURAM DISTRICT).

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2. ABDUPPA, AGED 57 YEARS,

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S/O.HASSAN, PUTHANPEEDIKA HOUSE, CHENKODE,

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AMBALAKUNNU, KALIKAVU-676525,

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MALAPPURAM DISTRICT.

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R1 BY PUBLIC PROSECUTOR SMT.MAYA R2 BY ADV. SRI.JITHIN LUKOSE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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Crl.MC.No. 1209 of 2016 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES:

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ANNEXURE-A1: TRUE COPY OF THE FINAL REPORT IN CRIME NO.337/2013 OF KALIKAVU POLICE STATION.

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ANNEXURE-A2: TRUE COPY OF THE ORDER DATED 22.06.2015 IN CC NO.1486/2013 ON THE FILES OF JFCM COURT-I MANJERI.

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ANNEXURE-A3: AFFIDAVIT SIGNED BY THE 2ND RESPONDENT DATED 28.01.2016.

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RESPONDENT(S)' ANNEXURES:

NIL

//TRUE COPY//

P.S. TO JUDGE

mbr/

B. KEMAL PASHA, J.

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................................................................ CRL.M.C. No. 1209 of 2016

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............................................................... Dated this the 9^th day of March, 2016

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O R D E R

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Petitioners are the 1^st and 2^nd accused in C.C. No.717/2015 of the Judicial First Class Magistrate's Court-I, Manjeri, which has arisen from Crime No.337/2013 of the Kalikavu Police Station, registered for the offences punishable under Sections 143, 147, 447, 457 and 427 of the Indian Penal Code read with Section 149 IPC.

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There are 7 accused in the crime. All the other accused, except the petitioners in the crime, were acquitted through the proceedings in C.C.No.1486/2013 vide Annexure A2 judgment of the court below. The case against the petitioners herein has been split up and refiled as C.C. No.717/2015.

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The matter has been amicably settled between the petitioners and the defacto complainant, who is the second respondent herein. He has filed Annexure-A3

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CRL.M.C.No. 1209 of 2016

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-: 2 :-

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affidavit affirming that the matter has been amicably settled between him and the petitioners and he has no complaints against the petitioners.

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No criminal antecedents have been reported 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.717/2015 of the Judicial First Class Magistrate's Court-I, Manjeri, as against the petitioners, based on Annexure A1 Final Report in Crime No.337/2013 of the Kalikavu 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.717/2015 of the Judicial First Class Magistrate's Court-I, Manjeri, as against the petitioners, based on Annexure A1 Final Report in Crime No.337/2013 of the Kalikavu Police Station, are hereby quashed.

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Sd/- B. KEMAL PASHA, JUDGE.

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CRL.M.C.No. 1209 of 2016

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-: 3 :-

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ul/-

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[True copy] P.S. to Judge

Shihabudheen v. State of Kerala

Case brief

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Shihabudheen v. State of Kerala

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