Allowed

Asif. M.P v. State of Kerala

Kerala HC23 Jun 2017Crl.MC/4066/2017

Case brief

AI extract

What is this about?

The petitioners, accused in a criminal case alleged to involve offences under Sections 143, 147, 148, and 427 r/w Section 149 IPC, filed a petition under Section 482 Cr.P.C. seeking quashing of proceedings. The second respondent, the victim, filed an affidavit stating the matter was settled. The court allowed the petition and quashed the criminal proceedings.

What did the court decide?

The criminal proceedings in C.C. No. 1175 of 2015 are quashed.

Asif. M.P Vs State of Kerala — Quashing and FIR | 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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FRIDAY, THE 23RD DAY OF JUNE 2017/2ND ASHADHA, 1939

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Crl.MC.No. 4066 of 2017

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CC 1175/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I,HOSDRUG CRIME NO. 821/2013 OF HOSDURG POLICE STATION , KASARGOD --------------

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PETITIONER(S)/ACCUSED NO 1 TO 18:

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1. ASIF. M.P, AGED 27 YEARS, S/O. ABDULLA, M.P.MANZIL, BALLA KADAPPURAM, BALLA VILLAGE, HOSDURG TALUK.

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2. BASHEER. A, AGED 31 YEARS, SHAUFANA MANZIL, VADAKARAMUKKU, BALLA VILLAGE, HOSDURG TALUK. 3. K.H. ASLAM, AGED 30 YEARS, S/O. ABDUL KHADER, KUCHANATH HOUSE, BALLA BEACH, BALLA VILLAGE, HOSDURG TALUK.

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4. FAROOQ K.H. AGED 27 YEARS, S/O. HUSSAIN, SHAREFA MANZIL, BALLA BEACH, BALLA VILLAGE, HOSDURG TALUK. 5. JAFFAR K.E,, AGED 30 YEARS, S/O. ABDUL KHADER MOULAVI, K.E. HOUSE, BALLA BEACH, BALLA VILLAGE, HOSDURG TALUK. 6. RAHIMAN M.P, AGED 29 YEARS, S/O. ABDUL KHADER MOULAVI, BALLA BEACH, BALLA VILLAGE, HOSDURG TALUK. 7. SAMEER A.K, AGED 32 YEARS, S/O. ABDUL HAJI, SAMEER MANZIL, BALLA BEACH, BALLA VILLAGE, HOSDURG TALUK. 8. C.P. ABDUL RAHIMAN, AGED 36 YEARS, S/O. C.P. ABOOBACKER, AFSATH MANZIL, BALLA BEACH, BALLA VILLAGE, HOSDURG TALUK. 9. HARIS M.P, AGED 29 YEARS, S/O. POKKIRI ABDULLA HAJI @ ABDULLA HAJI, M.P. MANZIL, BALLA BEACH, BALLA VILLAGE, HOSDURG TALUK. -2-

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-2-

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CRL.MC 4066 OF 2017:

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10. NOUSHAD C.K, AGED 26 YEARS, S/O. MUHAMMEDKUNHI HAJI, C.H. HOUSE, BALLA BEACH, BALLA VILLAGE, HOSDURG TALUK. 11. KUNHAMMAD. B, AGED 42 YEARS, S/O. MUHAMMED, FATHIMA MANZIL, BALLA BEACH, BALLA VILLAGE, HOSDURG TALUK. 12. UMMAR M.K, AGED 33 YEARS, S/O. MOIDEENKUTTI, ETTAMMAL HOUSE, BALLA BEACH, BALLA VILLAGE, HOSDURG TALUK. 13. UBAID M.P, AGED 26 YEARS, S/O. ABDUL RAHIMAN MOULAVI, K.K. HOUSE, BALLA BEACH, BALLA VILLAGE, HOSDURG TALUK. 14. ISMAIL K.H, AGED 31 YEARS, S/O. ASSAINAR, KUCHANATH HOUSE, BALLA BEACH, BALLA VILLAGE, HOSDURG TALUK. 15. ISMAIL A.K, AGED 31 YEARS, S/O. MUTTUMTHALA HASSAINAR, A.K. HOUSE, BALLA BEACH, BALLA VILLAGE, HOSDURG TALUK. 16. M.P. MUHAMMED, AGED 37 YEARS, S/O. M.P. KUNNAMMAD, M.P. HOUSE, BALLA BEACH, BALLA VILLAGE, HOSDURG TALUK. 17. MUHAMMED SHAMSHUDDEN. M, AGED 36 YEARS, S/O. IBRAHIM, MOULAKKILIYATH HOUSE, BALLA BEACH, BALLA VILLAGE, HOSDURG TALUK. 18. GULBUDDEEN PALAYI, AGED 24 YEARS, S/O. ABBAS, MUNEERA MANZIL, AJANUR KADAPPURAM, AJANOOR VILLAGE, HOSDURG TALUK. BY ADV. SRI.A.ARUNKUMAR RESPONDENT(S)/COMPLAINANT/STATE: -------------------------------1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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-3-

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CRL.MC 4066 OF 2017:

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-3-

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2. ABDUL HAMEED. P. AGED 52 YEARS, S/O. SULAIMAN, R/AT DARUL MADANI HOUSE, BALLA KADAPPURAM, BALLA VILLAGE, HOSDURG TALUK, KASARAGOD - 671 121.

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

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-06-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.V.

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Crl.MC.No. 4066 of 2017 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE A I A TRUE COPY OF THE F.I.R IN CRIME NO. 821 OF 2013 BY THE HOSDURG POLICE STATION, KASARAGOD. ANNEXURE A II A TRUE COPY OF THE FINAL REPORT IN CRIME NO. 821 OF 2013 BY THE HOSDURG POLICE STATION, KASARAGOD. ANNEXURE A III A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT. RESPONDENT(S)' ANNEXURES NIL ----------------------/TRUE COPY/

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P.S.TO JUDGE

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K.V.

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K. ABRAHAM MATHEW, J.

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Crl.M.C. No. 4066 of 2017

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Dated this the 23^rd day of June, 2017

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O R D E R

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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. 1175 of 2015 on

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the file of the Judicial First Class Magistrate Court-II, Hosdurg. They are alleged to have committed the offences under Sections 143, 147, 148 and 427 r/w Section 149 of the Indian Penal Code. The 2^nd respondent is the victim. It is submitted that the matter has been settled and the proceedings in the criminal case may be quashed.

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3.Heard the learned counsel for the petitioners, the learned counsel for the 2^nd respondent and the learned Public Prosecutor.

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4.The 2^nd respondent has entered appearance through counsel and filed an affidavit, stating that the matter has been settled and he has no objection to the prayer

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Crl.M.C. No. 4066 of 2017

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..2..

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in this Crl.M.C. being granted. I am satisfied that the allegation of settlement is true and no public interest is involved in this case.

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In the result, this Crl.M.C. is allowed. The proceedings in C.C. No. 1175 of 2015 on the file of the Judicial First Class Magistrate Court-II, Hosdurg are quashed. If any material object has been produced in the case, the learned Magistrate may pass appropriate orders for its disposal.

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Sd/-

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K. ABRAHAM MATHEW JUDGE

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bka/-

Asif. M.P v. State of Kerala

Case brief

What is this about?

What did the court decide?

Asif. M.P v. State of Kerala

Case brief

What is this about?

What did the court decide?

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