Allowed

Abdul Sajeer v. the State of Kerala

Kerala HC23 Mar 2016Crl.MC/1550/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition filed by two accused persons. The court observed that the parties had amicably settled the dispute arising from the offences of the case. Consequently, the court exercised its power under Section 482 of the Code of Criminal Procedure and quashed the pending criminal proceedings and the final report.

What did the court decide?

The Final Report and all further proceedings pursuant to it in S.C.Nos.391/2014 and 407/2014 before the Additional Sessions Court-I, Manjeri, were quashed.

Abdul Sajeer Vs the State of Kerala — Constitutional and Fundamental Rights | 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 23RD DAY OF MARCH 2016/ 3RD CHAITHRA, 1938

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Crl.MC.No. 1550 of 2016 ()

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SC 391/2014 OF ADDITIONAL SESSIONS COURT - I, MANJERI CRA 88/2011 of SPECIAL COURT (ATROCITIES AGAINST SC/ST, MANJERI DATED 22-12-2015 CRIME NO. 30/2008 OF MELATTUR POLICE STATION,MALAPPURAM

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PETITIONER(S):

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1. ABDUL SAJEER

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S/O.KOYA, KAKKOONNU HOUSE, MELATTOOR AMSOM, MALAPPURAM DISTRICT.

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2. MUHAMMED SHEMEER S/O.HAMZA, KULATHOOR HOUSE, MELATTOOR, MALAPPURAM DISTRICT.

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BY ADV. SRI.K.RAKESH

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RESPONDENT(S):

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1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031- FOR THE SUB INSPECTOR OF POLICE, MELATTOOR POLICE STATION, MALAPPURAM DISTRICT.

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2. VAHAB, S/O.MUHAMMED, POOVANGADAN HOUSE, MELATTOOR AMSOM, MALAPPURAM DISTRICT.

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3. ILIYAS, S/O.MUHAMMED, POOVANGADAN HOUSE, MELATTOOR AMSOM,

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MALAPPURAM DISTRICT, PIN-679 326.

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R1 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE

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R2 & R3 BY ADV. SMT.K.NISHA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1550 of 2016 () ---------------------------

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE-A. TRUE COPY OF OF THE MELATT	THE OOR	FINAL REPORT/CHARGE IN CRIME NO.30/2008 POLICE STATION
ANNEXURE-B. TRUE COPY OF (POA) CASES, 22/12/2015.	JUD MANJ	GMENT OF THE SPECIAL COURT FOR SC/ST ERI IN CRL.A NO.88/2011 DATED
ANNEXURE-C. TRUE COPY OF 30/3/2016.	AFF	IDAVIT SWORN BY THE 2ND RESPONDENT DATED
ANNEXURE-D. TRUE COPY OF DATED 30/3/20	AFF 16.	IDAVIT SWORN TO BY THE 3RD RESPONDENT
RESPONDENT(S)' EXHIBITS		: NIL.

//TRUE COPY//

P.S.TO JUDGE

B. KEMAL PASHA, J.

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................................................................ CRL.M.C. Nos. 1550 & 1555 of 2016 ............................................................... Dated this the 23^rd day of March, 2016

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O R D E R

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Petitioners in these Crl.M.Cs. are the accused in Crime No.30/2008 of the Melattoor Police Station, Malappuram registered for the offences punishable under Sections 143, 147, 341 and 323 read with Section 149 of the Indian Penal Code, which is now pending as S.C.Nos.391/2014 and 407/2014 before the Additional Sessions Court-I, Manjeri.

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It seems that the matter has been amicably settled between the parties. The second respondent, who is the defacto complainant and the third respondent who is the injured have filed Annexures C and D affidavits affirming that the matter has been amicably settled between them and the petitioners and they have no complaints against the

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CRL.M.C.NoS. 1550 & 1555 of 2016

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-: 2 :-

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petitioners.

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When the matter has been amicably settled

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between the parties, no purpose would be served in proceeding with the matter any further. Matters being so, Annexure A Final Report and all further proceedings pursuant to it as against the petitioners in S.C.Nos.391/2014 and 407/2014 before the Additional Sessions Court-I, Manjeri, which have arisen from Crime No.30/2008 of the Melattoor Police Station, Malappuram, can be quashed.

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In the result, these Crl.M.Cs. are allowed and Annexure A Final Report and all further proceedings pursuant to it as against the petitioners in S.C.Nos.391/2014 and 407/2014 before the Additional Sessions Court-I, Manjeri, which has arisen from Crime No.30/2008 of the Melattoor Police Station, Malappuram, 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

Abdul Sajeer v. the State of Kerala

Case brief

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Abdul Sajeer v. the State of Kerala

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