Allowed

Elinha Muneer @ Muneer E.M v. State of Kerala

Kerala HC22 Mar 2016Crl.MC/1494/2016

Case brief

AI extract

What is this about?

The High Court of Kerala quashed the FIR and all further proceedings in a criminal case against twelve accused. The matter had been amicably settled between the petitioners and the injured respondents, and the court found no criminal antecedents for the accused, making further proceedings unjustified.

What did the court decide?

Quashed the First Information Report in Crime No. 468/2015 and all further proceedings against the petitioners.

Elinha Muneer @ Muneer E.M 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 22ND DAY OF MARCH 2016/2ND CHAITHRA, 1938

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Crl.MC.No. 1494 of 2016

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CRIME NO. 468/2015 OF VIDYA NAGAR POLICE STATION, KASARAGOD DISTRICT

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PETITIONER(S)/ACCUSED NO. 1 TO 12 :

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1. ELINHA MUNEER @ MUNEER E.M, AGED 28 YEARS, S/O.MUHAMMED KUNHI, ELINJA HOUSE, CHEROOR P.O, KASARAGOD DISTRICT-671 123.

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2. NASAR KADAVIL @ ABDUL NASAR.E.A, AGED 23 YEARS, S/O.AHAMMED, KADAVIL HOUSE, CHEROOR P.O, KASARAGOD DISTRICT-671 123.

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3. ASHIK.D.A @ ABDUL ASHIQ ALI, AGED 20 YEARS, S/O.ABDUL KHADER, DESHEEYAM HOUSE, CHEROOR. P.O, KASARAGOD DISTRICT-671 123.

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4. SHAHBAD @ KUKKU, AGED 21 YEARS, S/O.ABULLA, ELINJA HOUSE, CHEROOR.P.O, KASARAGOD DISTRICT-671 123.

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5. SINAN.E.M, AGED 28 YEARS, S/O.MUHAMMED, ELINJA HOUSE, CHEROOR P.O, KASARADO DISTRICT-671 123.

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6. MIYAD @ MUBSIN MIHAD, AGED 21 YEARS, S/O.MUHAMMED KUNHI, THAI VALAPPIL HOUSE, CHEROOR.P.O, KASARAGOD DISTRICT-671 123`

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7. RASHID @ RASHID ELINHA, AGED 28 YEARS, S/O.ABDULLA, ELINJA HOUSE, CHEROOR P.O, KASARAGOD DISTRICT-671 123.

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8. NOUFAL MOOLA, AGED 21 YEARS, S/O.ABDULLA, MOOLA HOUSE, CHEROOR P.O, KASARAGOD DISTRICT-671 123.

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9. REJAS.E.A, AGED 24 YEARS, S/O.ABDULLA KUNHI, ELINJA HOUSE, CHEROOR P.O, KASARAGOD DISTRICT- 671 123.

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10. KHALEEL.E.M., AGED 24 YEARS, S/O.MUHAMMED, ELINJA HOUSE CHEROOR P.O, KASARAGOD DISTRICT- 671 123. ..2/-

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..2..

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Crl.MC.No. 1494 of 2016

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

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11. SABITH KADAVIL, AGED 20 YEARS,

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S/O.ABBAS, KADAVIL HOUSE, CHEROOR.P.O, KASARAGOD DISTRICT-671 123.

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12. ANSEER.D.A @ MUHAMMED ANSEER. D.A, AGED 21 YEARS, S/O.ABDUL KHADER, DESHEEYAM HOUSE, CHEROOR.P.O. KASARAGOD DISTRICT-671 123.

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BY ADV. SRI.V.T.MADHAVANUNNI

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RESPONDENT(S)/RESPONDENTS :

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM THROUGH S.H.O. VIDYANAGAR POLICE STATION, KASARAGOD DISTRICT.

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2. RASHID K.A, AGED 19 YEARS, S/O.ABBAS, KOTTA HOUSE, CHEROOR.P.O, KASARAGOD DISTRICT-671 123.

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3. ABDUL RAHMAN.K.L, AGED 44 YEARS, S/O.ABDULLA, KUBBAKKODE HOUSE, CHEROOR P.O, KASARAGOD DISTRICT-671 123.

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R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R2 & R3 BY ADV. SRI.V.A.SATHEESH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Msd.

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Crl.MC.No. 1494 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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

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ANNEXURE A1: TRUE COPY OF THE FIR IN CRIME NO. 468/2015 OF VIDYANAGAR POLICE STATION.

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RESPONDENT(S)' ANNEXURES :

NIL

//TRUE COPY//

P.S.TO JUDGE

Msd.

B. KEMAL PASHA, J.

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................................................................ CRL.M.C. No. 1494 of 2016

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............................................................... Dated this the 22^nd day of March, 2016

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O R D E R

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Petitioners are accused Nos.1 to 12 in Crime No.468/2015 of the Vidyanagar Police Station, Kasaragod registered for the offences punishable under Sections 143, 147, 148, 341, 323, 324 and 506(ii) of the Indian Penal Code read with Section 149 IPC.

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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 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 trivial.

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CRL.M.C.No. 1494 of 2016

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-: 2 :-

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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, Annexure-A1 First Information Report in Crime No.468/2015 of the Vidyanagar Police Station, Kasaragod, 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-A1 First Information Report in Crime No.468/2015 of the Vidyanagar Police Station, Kasaragod, 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

Elinha Muneer @ Muneer E.M v. State of Kerala

Case brief

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Elinha Muneer @ Muneer E.M v. State of Kerala

Case brief

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