Allowed

[email protected] v. the State of Kerala

Kerala HC17 Jan 2018Crl.MC/114/2018

Case brief

AI extract

What is this about?

The Court allowed a criminal miscellaneous petition and quashed further proceedings in a criminal case arising from Section 143, 147, 448, 341, 323 and 149 of the IPC due to amicable settlement between the accused and the victims.

What did the court decide?

All further proceedings in C.C.No.3673/2014 of the Judicial First Class Magistrate's Court-I, Kasaragod, as against the petitioners are quashed.

Thaju@Thajuddeen.a.a Vs the 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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WEDNESDAY, THE 17TH DAY OF JANUARY 2018 / 27TH POUSHA, 1939

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Crl.MC.No. 114 of 2018

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CC 3673/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KASARAGOD. CRIME NO. 298/2014 OF ADHUR POLICE STATION, KASARGOD DISTRICT.

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PETITIONER(S)/ACCUSED 1 TO 12:

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1 THAJU @ THAJUDDEEN.A.A, S/O.HASSAINAR, AGED 36 YEARS, RESIDING AT AMMANGODE, MULIYAR VILLAGE, KASARAGOD DISTRICT.

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2 SHERIEF @ MUHAMMED SHERIEF, S/O.ABDUL KHADER, AGED 30 YEARS, RESIDING AT NELLIKKAD HOUSE, POVVAL, MULIYAR VILLAGE, KASARAGOD DISTRICT.

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3 MIDLAJ.K.M., S/O.MOHAMMED.K.A., AGED 22 YEARS, RESIDING AT NELLIKKAD HOUSE, POVVAL, MULIYAR VILLAGE, KASARAGOD DISTRICT.

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4 SADO @ NOUFAL, S/O.SULAIMAN, AGED 25 YEARS, RESIDING AT BENCH COURT HOUSE, POVVAL, MULIYAR VILLAGE, KASARAGOD DISTRICT.

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5 FAEOOQ.M., S/O.MUHAMMED AYUB, AGED 22 YEARS, RESIDING AT POVVAL KOTTA, POVVAL, MULIYAR VILLAGE, KASARAGOD DISTRICT.

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6 UNDU @ THAJUDDEEN.P.S., S/O.SHAFI.N.M, AGED 34 YEARS, RESIDING AT POVVAL HOUSE, MULIYAR VILLAGE, KASARAGOD DISTRICT.

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7 SHAJA.N.A. @ AHAMMED SAJID, S/O. ABDULLA, AGED 30 YEARS, RESIDING AT NELLIKKAD HOUSE, POVVAL, MULIYAR VILLAGE, KASARAGOD DISTRICT.

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8 RISHAD.P.A. @ CHEPPU, S/O.MUHAMMED KUNHI, AGED 24 YEARS, RESIDING AT L.B.S ROAD, POVVAL, MULIYAR VILLAGE, KASARAGOD DISTRICT.

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9 ARAFATH.P.A., S/O.P.A.MUHAMMED, AGED 22 YEARS, RESIDING AT POVVAL HOUSE, MULIYAR VILLAGE, KASARAGOD DISTRICT.

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10 P.A.DILSHAD, S/O.MUHAMMED KUNHI, AGED 22 YEARS, RESIDING AT L.B.S. ROAD, POVVAL, MULIYAR VILLAGE, KASARAGOD DISTRICT.

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Crl.MC.No. 114 of 2018 ()

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11 M.P.RASHIK @ RASHI, S/O.KHALID M.P.M., AGED 25 YEARS, RESIDING AT SADIQ MANZHIL, POVVAL, MULIYAR VILLAGE, KASARAGOD DISTRICT. 12 SACHIN, S/O.MUHAMMED KUNHI, AGED 28 YEARS, RESIDING AT NELLIKKAD HOUSE, POVVAL, MULIYAR VILLAGE, KASARAGOD DISTRICT.

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BY ADV.SRI.SHAHID AZEEZ

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RESPONDENT(S)/STATE:

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1. THE STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, ADHUR POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -682 031.

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2. MUHAMMED KUNHI, AGED 68 YEARS, S/O.KUNHALI, RESIDING AT PAYAMGANAM HOUSE, MASTHIKUNDU, MULIYAR VILLAGE, KASARAGOD DISTRICT DISTRICT - 671 542.

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3. BEEFATHIMA, W/O.MUHAMMED KUNHI, AGED 53 YEARS, RESIDING AT PARAYANGANAM HOUSE, MASTHIKUND, MULIYAR VILLAGE, KASARAGOD VILLAGE, KASARAGOD DISTRICT - 671 542.

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4. MARIYA, W/O.MULLAKOYA THANGAL, AGED 56 YEARS, RESIDING AT MASTHIKUND, MULIYAR VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT -671 542.

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5. NABEESA, W/O.ABOOBACKER, AGED 58 YEARS, RESIDING AT MASTHIKUND, MULIYAR VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT -671 542.

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6. HASEENA, W/O.ABDUL RAHIMAN, AGED 29 YEARS, RESIDING AT M.K.QUARTERS, MASTHIKUND, MULIYAR VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT -671 542. R1 BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK R2 TO R6 BY ADVS. SRI.T.MADHU SMT.C.R.SARADAMANI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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Crl.MC.No. 114 of 2018 ()

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APPENDIX

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PETITIONERS' ANNEXURES:

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ANNEXURE A1-	THE NO.2	TRUE CERTIFIED 98/2014 OF ADHU	COPY OF THE FIR IN CRIME R POLICE STATION.
ANNEXURE A2-	THE CRIM	TRUE CERTIFIED E NO.298/2014 O	COPY OF THE FINAL REPORT IN F ADHUR POLICE STATION.
ANNEXURE A3-	THE 2ND	AFFIDAVIT DATED RESPONDENT.	31/10/2017 SWORN IN BY THE
ANNEXURE A4-	THE 3RD	AFFIDAVIT DATED RESPONDENT.	16/11/2017 SWORN IN BY THE
ANNEXURE A5-	THE 4TH	AFFIDAVIT DATED RESPONDENT.	16/11/2017 SWORN IN BY THE
ANNEXURE A6-	THE 5TH	AFFIDAVIT DATED RESPONDENT.	16/11/2017 SWORN IN BY THE
ANNEXURE A7-	THE 6TH	AFFIDAVIT DATED RESPONDENT.	16/11/2017 SWORN IN BY THE

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RESPONDENTS' ANNEXURES: NIL

/TRUE COPY/

P.S.TO JUDGE

mbr/

B. KEMAL PASHA, J.

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................................................................ CRL. M.C. No. 114 of 2018

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............................................................... Dated this the 17^th day of January, 2018

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O R D E R

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Petitioners are accused Nos.1 to 12 in C.C.No.3673/2014 of the Judicial First Class Magistrate's Court-I, Kasaragod, which has arisen from Crime No.298/2014 of the Adhur Police Station, Kasaragod for the offences punishable under Sections 143, 147, 448, 341 and 323 read with Section 149 of the Indian Penal Code.

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It seems that the matter has been amicably settled between the petitioners, the defacto complainant, who is the 2^nd respondent herein and other injured who are respondents 3 to 6.

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Respondents 2 to 6 have filed separate affidavits as Annexures A3, A4, A5, A6 and A7 affirming that the

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CRL.M.C.No. 114 of 2018

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-: 2 :-

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matter has been amicably settled between them and the petitioners and they have no complaints against the petitioners. Considering the fact that the matter has already been settled amicably 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 in C.C.No.3673/2014 of the Judicial First Class Magistrate's Court-I, Kasaragod, which has arisen from Crime No.298/2014 of the Adhur Police Station, Kasaragod as against the petitioners, are liable to be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.3673/2014 of the Judicial First Class Magistrate's Court-I, Kasaragod, which has arisen from Crime No.298/2014 of the Adhur Police Station, Kasaragod as against the petitioners, are hereby quashed.

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Sd/- B. KEMAL PASHA, JUDGE.

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ul/-

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[True copy]

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P.S. to Judge.

[email protected] v. the State of Kerala

Case brief

What is this about?

What did the court decide?

[email protected] v. the State of Kerala

Case brief

What is this about?

What did the court decide?

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