Allowed

Mohammed Shan v. State of Kerala

Kerala HC15 Mar 2018Crl.MC/1408/2018

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a petition under Section 482 Cr.P.C. to quash criminal proceedings. The court found that the matter was settled by one victim (the other deceased) and no public interest was involved, thereby imposing no impediment to quashing.

What did the court decide?

The proceedings in C.C.No.546 of 2014 on the file of the Judicial First Class Magistrate Court-I, Nedumangad are quashed, and appropriate orders must be passed for the disposal of material objects if

Mohammed Shan Vs State of Kerala — Murder and Culpable Homicide | 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 K.ABRAHAM MATHEW

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THURSDAY, THE 15TH DAY OF MARCH 2018 / 24TH PHALGUNA, 1939

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Crl.MC.No. 1408 of 2018

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----------------------CC 546/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -I,NEDUMANGAD CRIME NO. 55/2013 OF VENJARAMOODU POLICE STATION , THIRUVANANTHAPURAM

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----------

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PETITIONER(S)/ACCUSED 1, 2, 3

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1 MOHAMMED SHAN, AGED 25 YEARS, S/O.SALIM, RESIDING AT MUBINSHAH MANZIL, PV XIV/333, S.N.PURAM, PANAVOOR VILLAGE, ANAD MURI, NEDUMANGAD, THIRUVANANTHAPURAM-695541.

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2 ADARSH, AGED 23 YEARS, S/O.RADHAKRISHNAN NAIR, RESIDING AT PV XIV 394, DEVIMANGALAM VEEDU, PANAVOOR VILLAGE, ANAD MURI, NEDUMANGAD, THIRUVANANTHAPURAM-695541.

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3 SANKAR, AGED 25 YEARS, S/O.SURENDRAN, KESAVA MANDIRAM, (PV XIV 293), PANAVOOR VILLAGE, ANAD MURI, NEDUMANGAD TALUK, THIRUVANANTHAPURAM-695541.

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BY ADVS.SRI.G.RANJU MOHAN

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SMT.M.SANTHI (K/868/2011)

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RESPONDENT(S):

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1 STATE OF KERALA, REPRESENTED BY GOVERNMENT PLEADER, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2 SREEJU @ MANU, AGED 29 YEARS, S/O.SASIDHARAN NAIR, RESIDING AT ALAMUKKU KONATHU VEEDU, KOONANVENGA, PULLAMPARA VILLAGE, PULLAMPARA P.O., NEDUMANGAD TALUK, THIRUVANANTHAPURAM-695541.

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R1 BY PUBLIC PROSECUTOR SRI C.S.HRITHWICK R2 BY ADV. SRI.S.VINODKUMAR (VANCHIYOOR)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.V.

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Crl.MC.No. 1408 of 2018 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE A1- CERTIFIED COPY OF THE FIR REGISTERED IN CRIME NO.55/2013 OF VENJARAMOODU POLICE STATION DATED 21/01/2013. ANNEXURE A2- TRUE COPY OF THE FINAL REPORT IN CRIME NO.55/2013 FILED BY THE VENJARAMOODU POLICE STATION DATED 12/03/2014.

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ANNEXURE A3- AFFIDAVIT SWORN BY THE 2ND RESPONDENT.

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RESPONDENTS ANNEXURES: NIL

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/TRUE COPY/ K.V. P.S.TO JUDGE 16.03.2018

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K.ABRAHAM MATHEW J.

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Crl.M.C. NO.1408 OF 2018

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Dated this the 15^th day of March, 2018

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ORDER

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Petition filed under Section 482 Cr.P.C.

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Petitioners are the accused in C.C.No.546 of 2014 on the file of the Judicial First Class Magistrate Court-I, Nedumangad. They are alleged to have committed the offences under Sections 294(b), 323, 324 and 326 IPC. The 2^nd respondent is one of the victims. It is submitted that the matter has been settled and the proceedings in the trial court may be quashed.

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

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I have perused the affidavit filed by the 2^nd respondent, who has entered appearance through a counsel. The other victim committed suicide. I am satisfied that the matter has been settled and no public interest is involved. There is no impediment for granting the prayer of the petitioners.

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In the result, this Crl.M.C is allowed. The proceedings in C.C.No.546 of 2014 on the file of the Judicial First Class Magistrate Court-I, Nedumangad are quashed. If any material objects have been produced in this case, the learned Magistrate may pass appropriate orders for their disposal.

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Sd/- K.ABRAHAM MATHEW JUDGE

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Mohammed Shan v. State of Kerala

Case brief

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Mohammed Shan v. State of Kerala

Case brief

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