Allowed

Shaji v. State of Kerala

Kerala HC22 Jan 2016Crl.MC/216/2016

Case brief

AI extract

What is this about?

A criminal miscellaneous petition filed by accused persons was allowed. The High Court of Kerala quashed further proceedings in the underlying criminal case, holding that since the dispute had been amicably settled and no criminal antecedents existed, no purpose would be served in continuing the trial.

What did the court decide?

All further proceedings in C.C. No.62/2014 of the Judicial First Class Magistrate's Court-II, Nedumangad, as against the petitioners, based on Annexure A1 Final Report in Crime No.673/2013, are quashe

Shaji 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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FRIDAY, THE 22ND DAY OF JANUARY 2016/2ND MAGHA, 1937

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Crl.MC.No. 216 of 2016

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CC 62/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COUIRT-II,NEDUMANGAD CRIME NO. 673/2013 OF NEDUMANGAD POLICE STATION, THIRUVANANTHAPURAM

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PETITIONER(S)/ACCUSED:

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1. SHAJI, AGED 20 YEARS,

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S/O.RAHMATHULLA, SHAJI MANZIL, KORALIYODE,

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KARIPOOR VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM.

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2. HYMISH KHAN, AGED 24 YEARS,

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S/O.SHAJAHAN, MEKKUMKARA PUTHENVEEDU,

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NEAR KUTTUPUZHA L.P.SCHOOL, KUTTUPUZHA VILLAGE,

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NEDUMANGAD, THIRUVANANTHAPURAM.

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3. HASHIM, AGED 23 YEARS,

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S/O.SULFATH BEEVI, PULINCHIYIL PANAYIL HOUSE,

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BEHIND MARKET, THEKKUMKARA MURI, NEDUMANGAD VILLAGE,

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THIRUVANANTHAPURAM DISTRICT.

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4. VISHNU, AGED 21 YEARS, S/O.VIKRAMAN, MOTTALKAVA KUNNATHU VEEDU, CHULLIMANNOOR,

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PANAVOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT.

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BY ADV. SRI.LATHEESH SEBASTIAN

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RESPONDENT(S)/STATE & COMPLAINANTS:

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1. STATE OF KERALA, REPRESENTED BY THE DIRECTOR OF PUBLIC PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2. SUB INSPECTOR OF POLICE, NEDUMANGAD POLICE STATION, THIRUVANANTHAPURAM-695010.

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3. MUHAMMED IRSHAD, AGED 20 YEARS, S/O.ABDUL RASHEED, THADATHARIKATHU VEEDU, THATHANCODE, ANAD P.O., NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT-695544.

....2/-

..2..

Crl.MC.No. 216 of 2016

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4. ABHIMANYU S.V., AGED 19 YEARS, S/O.SOMASEKHARAN, CHEYAIL VADAKKUMKARA HOUSE, MOOZHI, PANAVOOR P.O., ANAD VILLAGE, THIRUVANANTHAPURAM DISTRICT-695568.

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R1 @ BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R3,4 BY ADV. SMT.M.G.SUSSILA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 216 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE-A1: TRUE COPY OF THE CHARGE SHEET OF THE 2ND RESPONDENT IN CRIME NO.673/2013 OF NEDUMANGAD POLICE STATION.

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ANNEXURE-A2: TRUE COPY OF THE AFFIDAVIT OF THE 3RD RESPONDENT.

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ANNEXURE-A3: TRUE COPY OF THE AFFIDAVIT OF THE 4TH RESPONDENT.

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RESPONDENT(S)' ANNEXURES

NIL.

/ TRUE COPY /

P.S. TO JUDGE

B. KEMAL PASHA, J.

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................................................................ CRL.M.C. No. 216 of 2016

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

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O R D E R

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Petitioners are accused in C.C. No.62/2014 of the Judicial First Class Magistrate's Court-II, Nedumangad, which has arisen from Crime No.673/2013 of the Nedumangad Police Station, registered for the offences punishable under Sections 323 and 324 read with Section 34 of the Indian Penal Code.

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The matter has been amicably settled between the petitioners and the defacto complainant, who is the third respondent herein and the other injured, who is the fourth respondent. They have filed separate affidavits as Annexures A2 and A3, affirming that the matter has been amicably settled between them and the petitioners and they have no complaints against the petitioners.

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CRL.M.C.No. 216 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, all further proceedings in C.C. No.62/2014 of the Judicial First Class Magistrate's Court-II, Nedumangad, as against the petitioners, based on Annexure A1 Final Report in Crime No.673/2013 of the Nedumangad 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.62/2014 of the Judicial First Class Magistrate's Court-II, Nedumangad, as against the petitioners, based on Annexure A1 Final Report in Crime No.673/2013 of the Nedumangad Police Station, 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

Shaji v. State of Kerala

Case brief

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Shaji v. State of Kerala

Case brief

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