Allowed

Jafer v. State of Kerala

Kerala HC31 Mar 2016Crl.MC/1742/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a Criminal Miscellaneous case filed against accused persons accused of various offences under the Indian Penal Code. After observing the matter had been amicably settled by the accused and the injured persons, the court held that no purpose would be served in further proceedings.

What did the court decide?

Quashed Annexure-A Final Report in Crime No.405/2011 of Nadapuram Police Station, Kozhikode and all further proceedings in it against the petitioners.

Jafer 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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THURSDAY, THE 31ST DAY OF MARCH 2016/11TH CHAITHRA, 1938

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Crl.MC.No. 1742 of 2016 ()

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CRIME NO. 405/2011 OF NADAPURAM POLICE STATION , KOZHIKODE

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PETITIONER(S)/ACCUSED:

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1. JAFER, S/O.MAMMOOTTY,AGED 24 YEARS,KAMMARAMKANDY HOUSE, KUMMANCODE, NADAPURAM, KOZHIKODE DISTRICT. 2. SHAJAHAN, S/O.AMMED, AGED 26 YEARS, ILLATH HOUSE, KUMMANCODE, NADAPURAM, KOZHIKODE DISTRICT. 3. ISMAYIL, S/O.KUNHABDULLA, AGED 39 YEARS, AASARIKKUNI HOUSE, KUMMANCODE, NADAPURAM, KOZHIKODE DISTRICT. 4. RIYAS, S/O.IBRAHIM, AGED 34 YEARS, AASARIKKUNI HOUSE, KUMMANCODE, NADAPURAM, KOZHIKODE DISTRICT. 5. BASHEER, S/O.MAMMU, AGED 42 YEARS, OTHAYOTH HOUSE, KUMMANCODE, NADAPURAM, KOZHIKODE DISTRICT.

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BY ADV. SRI.ABDURAHIMAN VAYALIL PEEDIKAYIL RESPONDENT(S)/COMPLAINANT/DE-FACTO COMPLAINANT: ----------------------------------------------1. STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, NADAPURAM POLICE STATION, KOZHIKODE THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682 031. 2. MR.VINEESH, S/O.KUNHIRAMAN, AGED 32 YEARS, MALOKKANDY HOUSE, VARIKKOLI AMSOM DESOM, KUMMANCODE, NADAPURAM, KOZHIKODE DISTRICT - 673 001.

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.2/-

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-2-

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Crl.MC.No. 1742 of 2016 ()

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3. MR.BIJEESH, S/O.BALAN, AGED 30 YEARS, MALOKKANDY HOUSE, VARIKKOLI AMSOM DESOM, KUMMANCODE, NADAPURAM, KOZHIKODE DISTRICT - 673 001.

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R1 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE R2-3 BY ADV. SRI.J.ABHILASH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Ais/-

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Crl.MC.No. 1742 of 2016 () ---------------------------

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APPENDIX

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PETITIONER(S)' EXHIBITS ----------------------ANNEXURE A1: CERTIFIED TRUE COPY OF FINAL REPORT IN NADAPURAM POLICE CRIME NO.405 OF 2011. ANNEXURE A2: AFFIDAVIT SWORN BY THE DE-FACTO COMPLAINANT BEFORE NOTARY PUBLIC. RESPONDENT(S)' EXHIBITS NIL

// TRUE COPY//

P S TO JUDGE

Ais/-

B. KEMAL PASHA, J.

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................................................................ CRL.M.C. No. 1742 of 2016

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............................................................... Dated this the 31^st day of March, 2016

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O R D E R

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Petitioners are the accused in Crime No.405/2011 of the Nadapuram Police Station, Kozhikode, registered for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 153(A) and 308 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 Annexure A2 affidavit affirming that the matter has been amicably settled between them and the petitioners and

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they have no complaints against the petitioners. The injuries sustained to the injured persons are trivial. The records reveal that there are no sufficient ingredients to invite an

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CRL.M.C.No. 1742 of 2016

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-: 2 :-

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offence under Section 308 IPC in the matter.

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No criminal antecedents have been reported

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against the petitioners. When the matter has been amicably settled, no purpose would be served in proceeding with the matter further, and therefore, Annexure-A Final Report in Crime No.405/2011 of the Nadapuram Police Station, Kozhikode 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-A Final Report in Crime No.405/2011 of the Nadapuram Police Station, Kozhikode and all further proceedings in it as

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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

Jafer v. State of Kerala

Case brief

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Jafer v. State of Kerala

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