Allowed

Muhammed Sirajuddeen v. the State of Kerala

Kerala HC12 Jan 2016Crl.MC/7/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a Criminal Miscellaneous Petition to quash criminal proceedings pending against the petitioner. The court quashed the trial based on an affidavit affirming that the matter had been amicably settled between the accused and the complainant.

What did the court decide?

All further proceedings against the petitioner in CC No.1856/2014 of the Judicial First Class Magistrate's Court-II, Hosdurg, are quashed.

Muhammed Sirajuddeen Vs the State of Kerala — Writ and Judicial Review | 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 12TH DAY OF JANUARY 2016/22ND POUSHA, 1937

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Crl.MC.No. 7 of 2016

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CC 1856/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, HOSDRUG CRIME NO. 725/2011 OF BEKAL POLICE STATION, KASARGOD

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PETITIONER(S)/4TH ACCUSED:

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

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MUHAMMED SIRAJUDDEEN, AGED 22 YEARS, S/O. MAHAMOOD, RESIDING AT SIRAJUDDEEN MANZIL, KEEZHUR, KALANAD VILLAGE, KASARAGOD DISTRICT.

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BY ADV. SRI.T.MADHU

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RESPONDENT(S)/STATE:

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

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1. THE STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, BEKAL POLICESTATION KASARAGOD DISTRICT, REPRESENTED BY THEPUBLIC PROSECUTOR, HIGH COURT OF KEALA, ERNAKULAM-682 031.

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2. S. VIJAYAN, AGED 54 YEARS, S/O SUMATHAN, RESIDING AT KEEZHUR, KALANAD VILLAGE, CHANDRAGIRO P.O., KASARAGOD TALUK, KASARAGOD DIST-671 317.

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R2 BY ADV. SMT.G.SANGEETHA R1 BY PUBLIC PROSECUTOR SMT.MAYA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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msv/

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Crl.MC.No. 7 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURES:

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ANNEXURE A1: THE TRUE CERTIFIED COPY OF THE FIR IN CRIME NO 725/11 OF BEKAL POLICE STATION

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ANNEXURE A2: THE TRUE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO 725/11 OF BEKAL POLICE STATION

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ANNEXURE A3: THE TRUE COPY OF THE JUDGMENT DT. 13/11/15 IN CC 52/15 ON THE FILES OF THE JUVENILE JUSTICE BOARD, KASARAGOD

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ANNEXURE A4: THE AFFIDAVIT DT. 15/12/15 SWORN IN BY THE 2ND RESPONDENT. ANNEXURE A5: THE TRUE CERTIFIED COPY OF THE MEMO OF EVIDENCE IN CRIME NO 725/11 OF BKAL POLICE STATION

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RESPONDENT(S)' ANNEXURES:

NIL

//TRUE COPY//

P.S.TO JUDGE

Msv/

B. KEMAL PASHA, J.

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Crl.M.C. No.7 of 2016

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Dated this the 12^th day of January, 2016

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~ ~ ~ ~ ~ ~

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Petitioner is the accused in CC No.1856/2014 of

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the Judicial First Class Magistrate's Court-II, Hosdurg, which has arisen from Crime No.725/2011 of Bekal Police Station for the offences punishable under Sections 143, 147, 447, 427 and 153A IPC.

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It seems that the matter has been amicably settled between the petitioner and the de facto complainant, who is the 2^nd respondent herein.

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The 2^nd respondent has filed Annexure-A4 affidavit affirming that the matter has been amicably settled between him and the petitioner and presently, he has no complaints against the petitioner. No criminal antecedents have been reported against the petitioner. No purpose would be served in proceeding with the matter further.

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Crl.M.C.7/2016

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: 2 :

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Matters being so, all further proceedings against the petitioner in CC No.1856/2014 of the Judicial First Class Magistrate's Court-II, Hosdurg, which has arisen from Crime No.725/2011 of Bekal Police Station, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings against the petitioner in CC No.1856/2014 of the Judicial First Class Magistrate's Court-II, Hosdurg, which has arisen from Crime No.725/2011 of Bekal Police Station, are quashed.

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/12/01

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// True Copy //

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PA to Judge

Muhammed Sirajuddeen v. the State of Kerala

Case brief

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Muhammed Sirajuddeen v. the State of Kerala

Case brief

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