Allowed

K..Muhammedkutty v. State of Kerala

Kerala HC22 Feb 2016Crl.MC/829/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition seeking to quash criminal proceedings. The court cited the amicable settlement between the accused and the victims, noting the absence of criminal antecedents, and ordered the quashing of the charge sheet (Final Report).

What did the court decide?

All further proceedings in C.C. No.1199/2013 as against the petitioners are quashed.

K..Muhammedkutty 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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MONDAY, THE 22ND DAY OF FEBRUARY 2016/3RD PHALGUNA, 1937

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Crl.MC.No. 829 of 2016

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CC 1199/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOCHI CRIME NO. 165/2012 OF THOPPUMPADY POLICE STATION, ERNAKULAM

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PETITIONER(S)/ACCUSED:

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

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1. K..MUHAMMEDKUTTY @ K.C.M.,

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S/O POORUKUTTI, II/299, CHERUPURACKAL,

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CHETTIPADI, BEACH ROAD, PARAPPANANGADI,

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MALAPPURAM DISTRICT.

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2. K.C.SHUKKOOR,

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S/O KUNJHIMARAKKAR, I/29, CHETTIPADI,

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BEACH ROAD, PARAPPANANGADI, MALAPPURAM.

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3. KALESHAN,

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S/O THANKAPPAN, THUNDIPARAMBIL HOUSE,

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C 14/1873 CHULLICKAL, KOCHI-5.

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BY ADVS.SRI.PAVITHRAN RAVINDRA NATH

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SRI.SHERRY J. THOMAS

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RESPONDENT(S)/DEFACTO COMPLAINANT/C NO.1:

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

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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2. C.V.SHIBU , AGED 50 YEARS, S/O VIJAYAN, NIKARTHIL HOSUE, CHETTUKADU, MANAKODAM KARA, THIRUMALA BHAGOM P.O., THURAVOOR VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT.

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3. K.B.ASHRAF, AGED 45 YEARS, S/O K.M.BAVA, HOUSE NO.II/434 A , FORT KOCHI, KOCHI-682 001.

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R1 BY PUBLIC PROSECUTOR SMT.MAYA R2 & R3 BY ADV. SRI.C.V.JOSEPH (CHELAKKATT)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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msv/

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Crl.MC.No. 829 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURES:

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ANNEXURE AI: THE CERTIFIED COPY OF THE FINAL REPORT IN CC NO.1199/2013.

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ANNEXURE A2: THE ORIGINAL OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT STATING THE TERMS OF SETTLEMENT.

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ANNEXURE A3: THE ORIGINAL OF THE AFFIDAVIT FILED BY THE 3RD RESPONDENT STATING THE TERMS OF SETTLEMENT.

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RESPONDENT(S)' ANNEXURES:

NIL

//TRUE COPY//

P.S.TO JUDGE

Ms v/

B. KEMAL PASHA, J.

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................................................................ CRL.M.C. No. 829 of 2016

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

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O R D E R

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Petitioners are the accused in C.C. No.1199/2013 of the Judicial First Class Magistrate's Court-II, Kochi, which has arisen from Crime No.165/2012 of the Thoppumpady Police Station, registered for the offences punishable under Sections 384, 385, 386, 343, 347 and 120(b) 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 and the other affected person, who are respondents 2 and 3 respectively. They have filed separate affidavits as Annexures A2 and A3

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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. 829 of 2016

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-: 2 :-

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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, all further proceedings in C.C. No.1199/2013 of the Judicial First Class Magistrate's Court-II, Kochi, as against the petitioners, based on Annexure AI Final Report in Crime No.165/2012 of the Thoppumpady 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.1199/2013 of the Judicial First Class Magistrate's Court-II, Kochi, as against the petitioners, based on Annexure AI Final Report in Crime No.165/2012 of the Thoppumpady 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

K..Muhammedkutty v. State of Kerala

Case brief

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K..Muhammedkutty v. State of Kerala

Case brief

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