Allowed

Ibrahim @ Imbayi v. Sunil

Kerala HC8 Feb 2016Crl.MC/552/2016

Case brief

AI extract

What is this about?

The High Court allowed the criminal miscellaneous petition and quashed the pending proceedings in S.C.No.866 of 2015. The court was satisfied that the matter was amicably settled by the complainant and injured person, no criminal antecedents existed for the petitioner, and the grave offence under Section 308 IPC was not attracted.

What did the court decide?

All further proceedings in S.C.No.866 of 2015 pending before the I Additional Assistant Sessions Judge, Kozhikode, were quashed.

Ibrahim @ Imbayi Vs Sunil — Kerala HC (2016) — LawSathi Research

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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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MONDAY, THE 8TH DAY OF FEBRUARY 2016/19TH MAGHA, 1937

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Crl.MC.No. 552 of 2016 ()

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-------------------------SC.NO. 866/2015 OF I ADDL. ASST. SUB COURT, KOZHIKODE

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PETITIONERS/ACCUSED NO.3 :

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IBRAHIM @ IMBAYI S/O.AMMAD, AGED 34 YEARS JATHOYOTTIL HOUSE, THAZHEKUNI CHERUMOTH P.O., VALAYAM, VATAKARA THALUK.

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BY ADV. SRI.ZUBAIR PULIKOOL

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RESPONDENTS/COMPLAINANT :

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1. SUNIL S/O.KUNHIRAMAN, AGED 38 YEARS KUNDYALIL HOUSE, VALAYAM AMSOM CHERUMOTH DESOM, CHERUMOTH P.O., VATAKARA THALUK, PIN – 673 101.

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2. SREEDHARAN

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S/O.RAMAN, AGED 60 YEARS KUNIYIL HOUSE, VALAYAM AMSOM CHERUMOTH DESOM, CHERUMOTH P.O., VATAKARA THALUK, PIN – 673 101.

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3. STATE OF KERALA

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REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031.

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R1 & R2 BY ADV. SMT.A.P.RUFAIJA R3 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE P.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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...2/-

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Crl.MC.No. 552 of 2016 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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ANNEXURE 1- COPY OF CHARGE SHEET IN CRIME NO.310/2011 OF VALAYAM POLICE STATION. ANNEXURE 2- CERTIFIED COPY OF THE JUDGMENT IN SC NO.626/2014 OF 1ST ADDL. ASST. SESSIONS JUDGE, KOZHIKODE.

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ANNEXURE 3- SWORN AFFIDAVIT OF 1ST RESPONDENT.

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ANNEXURE 4- SWORN AFFIDAVIT OF 2ND RESPONDENT.

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RESPONDENT(S)' ANNEXURES : NIL

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//TRUE COPY//

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P.A. TO JUDGE

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B. KEMAL PASHA, J.

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====================

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CRL.M.C. No.552 of 2016

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====================

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Dated this the 8^th day of February, 2016

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O R D E R

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Petitioner is the accused in S.C.No.866 of 2015

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of the I Additional Assistant Sessions Judge, Kozhikode, which has arisen from Crime No.310 of 2011 of the Valayam

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Police Station, registered for the offences punishable under Sections 324, 506(ii), 427 and 308 IPC read with Section 34 IPC.

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After investigation, a Final Report was filed and

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the matter was taken cognizance of by the Judicial First Class Magistrate’s Court, Nadapuram. The proceedings against the accused were committed before the Sessions Court, Kozhikode, which took the cases on file and made over the same to the I Additional Assistant Sessions Judge, Kozhikode. Accused Nos.1 and 2, except the petitioner, faced trial and they were acquitted by the learned I

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CRL.M.C.No.552 of 2016

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-: 2 :-

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Additional Assistant Sessions Judge, Kozhikode as per the judgment in S.C.No.626 of 2014. As the petitioner was absconding, the case against the petitioner was split up and re-filed as S.C.No.866 of 2015.

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The matter has been amicably settled between the petitioner and the defacto complainant, who is the 1^st respondent herein and the other injured person, who is the 2^nd respondent herein. The defacto complainant and the other injured person have filed Annexure-3 and Annexure-4 affidavits, affirming that the matter has been amicably settled between them and the petitioner and they have no complaints against the petitioner.

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No criminal antecedents have been reported against the petitioner. On going through the matter, this Court is satisfied that there are no ingredients to invite an offence under Section 308 IPC in the matter. When the matter has been amicably settled, no purpose would be served in proceeding with the matter further, and therefore,

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CRL.M.C.No.552 of 2016

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-: 3 :-

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all further proceedings in S.C.No.866 of 2015 pending before the I Additional Assistant Sessions Judge, Kozhikode, as against the petitioner, based on Annexure-1 Final Report in Crime No.310 of 2011 of the Valayam Police Station, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings in S.C.No.866 of 2015 pending before the I Additional Assistant Sessions Judge, Kozhikode, as against the petitioner, based on Annexure-1 Final Report in Crime No.310 of 2011 of the Valayam Police Station, are hereby

quashed.

Sd/-

B. KEMAL PASHA,

JUDGE.

DSV/8/2/16

// True Copy //

P.A. To Judge

Ibrahim @ Imbayi v. Sunil

Case brief

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Ibrahim @ Imbayi v. Sunil

Case brief

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