Allowed

Sulaiman v. State of Kerala

Kerala HC27 Feb 2018Crl.MC/1005/2018

Case brief

AI extract

What is this about?

In a criminal mercy petition arising from offences under various sections of the IPC, the High Court of Kerala quashed all further proceedings against two accused persons, finding that the matter had been amicably settled and no criminal antecedents existed, rendering further trial unnecessary.

What did the court decide?

All further proceedings as against petitioners in C.C.No.285/2016 are quashed.

Sulaiman Vs State of Kerala — Quashing and FIR | Kerala HC (2018)

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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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TUESDAY, THE 27TH DAY OF FEBRUARY 2018 / 8TH PHALGUNA, 1939

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Crl.MC.No. 1005 of 2018

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CC.NO.285/2016 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ALUVA CRIME NO. 261/2016 OF BINANIPURAM POLICE STATION , ERNAKULAM

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----------

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PETITIONER(S)/ACCUSED NOS 1 AND 2:-

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1 SULAIMAN, AGED 43 YEARS, S/O.MUHAMMED, KOTTAKKAPARAMBIL HOUSE, NEAR N.S.S.OFFICE, KARINGAMTHURUTH, ALANGAD VILLAGE.

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2 RAMESH, AGED 43 YEARS, S/O.KANNAN, PARAYANTAKATTIL VEETTIL, NEERICODE KARA, ALANGAD VILLAGE.

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BY ADV.SRI.JAISON JOSEPH

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RESPONDENT(S)/STATE, AND CWS 1 AND 2:-:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, BINANIPURAM POLICE STATION.

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2. NAZAR, AGED 46 YEARS, S/O.ALIKUNJU, KOTTAKKALPARAMBIL HOUSE, NEAR S.N.SUPER MARKET, KARINGAMTHURUTH KARA, ALANGAD VILLAGE.

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R1 BY PUBLIC PROSECUTOR SRI.ALEX.M.THOMBRA R2 BY ADV. SRI.P.S.APPU

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1005 of 2018 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE A1 CERTIFIED COPY OF THE F.I.R. ALONG WITH THE F.I. STATEMENT IN CRIME NO.261/2016 OF BINANIPURAM POLICE STATION. ANNEXURE A2. CERTIFIED COPY OF THE FINAL REPORT/CHARGE SHEET IN C.C.NO.285/2016 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT II ALUVA.

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ANNEXURE A3. AFFIDAVIT FILED BY RESPONDENT NO.2.

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RESPONDENT(S)' ANNEXURES - NIL

/TRUE COPY/

PS TO JUDGE

27/02/2018

B. KEMAL PASHA, J.

Crl.M.C.No.1005 of 2018

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Dated this the 27^th day of February, 2018

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O R D E R

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Petitioners are accused Nos.1 and 2 in

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C.C.No.285/2016 of the Judicial First Class Magistrate's Court-II, Aluva, which has arisen from Crime No.261/2016 of the Binanipuram Police Station, for the offences punishable under Sections 323, 324, 341, 294(b), 506(ii) and 34 of the Indian Penal Code.

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It seems that the matter has been

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amicably settled between the parties.

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On going through the facts and

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circumstances of the case, it seems that the matter can be permitted to be settled. No criminal antecedents have been reported against the petitioners. The 2^nd respondent has filed affidavit as Annexure-A3, affirming that the matter has been amicably settled between him and the petitioners and

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he has no complaints against the petitioners. Considering the fact that the matter has already been settled amicably

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Crl.M.C.No.1005 of 2018 2

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between the parties, this court is satisfied that no purpose would be served in proceeding with the trial of the case. Matters being so, all further proceedings as against the petitioners in C.C.No.285/2016 of the Judicial First Class Magistrate's Court-II, Aluva, which has arisen from Crime No.261/2016 of the Binanipuram Police Station, are liable to be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings as against the petitioners in C.C.No.285/2016 of the Judicial First Class Magistrate's Court-II, Aluva, which has arisen from Crime No.261/2016 of the Binanipuram Police Station, are hereby quashed.

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Sd/-

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B.KEMAL PASHA, JUDGE

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Sulaiman v. State of Kerala

Case brief

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Sulaiman v. State of Kerala

Case brief

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