Allowed

K.H.Aslam v. State of Kerala

Kerala HC19 Jun 2017Crl.MC/3940/2017

Case brief

AI extract

What is this about?

This criminal miscellaneous petition under Section 482 Cr.P.C. sought to quash criminal proceedings against petitioners. The court observed that the matter had been settled by the victims with no objection and no public interest involved, thereby allowing the petition and quashing the proceedings.

What did the court decide?

Criminal proceedings in C.C.No.1993 of 2013 on the file of the Judicial Magistrate of the First Class-I, Hosdurg are quashed.

K.H.Aslam Vs State of Kerala — Contract and Commercial Disputes | Kerala HC (2017)

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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 K.ABRAHAM MATHEW

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MONDAY, THE 19TH DAY OF JUNE 2017/29TH JYAISHTA, 1939

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Crl.MC.No. 3940 of 2017 ()

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CC.NO. 980/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -I,HOSDURG CRIME NO. 1045/2013 OF HOSDURG POLICE STATION, KASARGOD DISTRICT

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PETITIONER(S)/ACCUSED.:

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1. K.H.ASLAM, AGED 30 YEARS, S/O.ABDULKHADER K.H., KUCHANATH HOUSE, BALLA KADAPPURAM, BALLA VILLAGE, HOSDURG TALUK.

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2. K.H. ISMAIL,

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AGED 31 YEARS, S/O.ABDULKHADER K.H, KUCHANATH HOUSE, BALLA KADAPPURAM, BALLA VILLAGE, HOSDURG TALUK.

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BY ADV. SRI.A.ARUNKUMAR

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RESPONDENT(S)/COMPLAINANT/ STATE:

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

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2. ABDUL HAMEED P.,

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AGED 52 YEARS, S/O.SULAIMAN, R/AT DARUL MADANI HOUSE, BALLA KADAPPURAM, BALLA VILLAGE, HOSDURG TALUK.

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3. NAFEESATH MISIRIYA P.V., AGED 24 YEARS, W/O NISHAD M.K, R/AT DARUL MADANI HOUSE, BALLA KADAPPURAM, BALLA VILLAGE, HOSDURG TALUK.

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R1 BY PUBLIC PROSECUTOR SRI.T.R.RENJITH R2 & R3 BY ADV. SRI.P.K.SUBHASH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-06-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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Crl.MC.No. 3940 of 2017 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES:

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ANNEXURE AI A TRUE COPY OF THE F.I.R IN CRIME NO.1045 OF 2013 BY THE HOSDURG POLICE STATION, KASARAGOD. ANNEXURE AII A TRUE COPY OF THE FINAL REPORT IN CRIME NO.1045 OF 2013 BY THE HOSDURG POLICE STATION KASARAGOD.

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ANNEXURE AIII A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT

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ANNEXURE AIV A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT.

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RESPONDENT(S)' ANNEXURES:

NIL

/TRUE COPY/

P.S.TO JUDGE

sts

K.ABRAHAM MATHEW, J.

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Crl.M.C.No.3940 of 2017

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--------------------------------------------------------Dated this the 19^th day of June, 2017

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ORDER

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Petition filed under Section 482 Cr.P.C.

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2.Petitioners are the accused in C.C.No.1993 of 2013 on the file of the Judicial Magistrate of the First Class-I, Hosdurg. They are said to have committed the offence under Sections 143, 147, 148, 341, 323, 324, 506(i) read with 149 IPC. Respondents 2 and 3 are the victims. It is submitted that the matter has been settled and the proceedings in the criminal case may be quashed.

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Heard the learned counsel for the petitioner and respondents 2 and 3 and the learned Public Prosecutor.

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Respondents 2 and 3 have entered appearance through counsel and filed affidavits stating that the matter has been settled and they have no objection to the proceedings in the criminal case being quashed. I am satisfied that the allegation of settlement is true and no public interest is involved.

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In the result, this Crl.M.C is allowed. The proceedings in C.C.No.1993 of 2013 on the file of the Judicial Magistrate of the First Class-I, Hosdurg are quashed.

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Sd/- K.ABRAHAM MATHEW JUDGE

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cms

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/True copy/ P.S.to Judge

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Crl.M.C.No.3940 of 2017 2

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“C.C.No.1993 of 2013 of Judicial First Class Magistrate Court-I,

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Hosdurg” occurring in the first sentence of paragraph 2 and in the operative portion of the final order dated 19.6.2017 in Crl.M.C.No.3940 of 2017 is corrected and substituted as “C.C.No.980 of 2015 of Judicial First Class

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Magistrate Court-II, Hosdurg” as per order dated 31.1.2018 in Crl.M.A.No.895 of 2018 in Crl.M.C.No.3940 of 2017.

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Sd/Registrar(Judicial)

K.H.Aslam v. State of Kerala

Case brief

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K.H.Aslam v. State of Kerala

Case brief

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