Allowed

Abdulla B.A. v. State of Kerala

Kerala HC18 Jan 2018Crl.MC/142/2018

Case brief

AI extract

What is this about?

In a writ petition challenging criminal proceedings, the High Court of Kerala quashed the criminal case after the de facto complainant affirmed via affidavit that the dispute was amicably settled and no further complaint existed against the petitioners.

What did the court decide?

All further proceedings in CC No.1565/2017 beneath the Judicial First Class Magistrate, Kasaragod, arising from Crime No.402/2017 are quashed.

Abdulla B.A. Vs State of Kerala — Writ and Judicial Review | 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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THURSDAY, THE 18TH DAY OF JANUARY 2018 / 28TH POUSHA, 1939

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Crl.MC.No. 142 of 2018

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----------------------

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CC 1565/2017 of JUDICIAL FIRST CLASS MAGISTRATE COURT,KASARAGOD CRIME NO. 402/2017 OF ADHUR POLICE STATION, KASARGOD DISTRICT

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PETITIONERS/ACCUSED :

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1 ABDULLA B.A., AGED 63 YEARS, S/O.ABDULKHADER, MADANI MANZIL, BALANADUKKAM, PADY VILLAGE, KASARAGOD, KERALA, INDIA.

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2 ASHARAF K.M., AGED 44 YEARS, S/O.ABBAS, THEKKEPALLAM HOUSE, BAVIKANAM, MULLIYAR, ADHUR, KASARAGOD, KERALA, INDIA.

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3 SHERIF B.A., AGED 31 YEARS, S/O.ADAM HAJI, NISAMUDIN MANZIL, CHERKALA, PADY VILLAGE, KASARAGOD, KERALA, INDIA.

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4 SHAFI C., AGED 46 YEARS, S/O.KUNHAMU, C.K.HOUSE, CHERKALA, PADY VILLAGE, KASARAGOD, KERALA, INDIA.

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5 UMMER A., AGED 35 YEARS, S/O.UMMU, PARA MANZIL, POVVA I, MULLIYAR, ADHUR, KASARAGOD, KERALA, INDIA.

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6 JAFFER B.A., AGED 26 YEARS, S/O.ABOOBACKER, BALANADUKKAM HOUSE, CHERKALA, PADY VILLAGE, KASARAGOD, KERALA, INDIA.

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7 ABOOBAKER SIDDIQ, AGED 32 YEARS, ABDULLAKUNHI, PARA MANZIL, NR. PARA MASJID, POVVA I, MULLIYAR, ADHUR, KASARAGOD,KERALA, INDIA.

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BY ADVS.SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI

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Crl.MC.No. 142 of 2018 ()

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RESPONDENTS/RESPONDENTS/COMPLAINANT/STATE:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,

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HIGH COURT OF KERALA, ERNAKULAM.

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2. AHAMMAD,

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AGED 40 YEARS, S/O.MOHAMMAD HAJI,

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MEETHAL HOUSE, POVVA I, MULLIYAR, ADHUR,

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KASARAGOD, KERALA, INDIA.

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R1 BY PUBLIC PROSECUTOR SRI.C.S.HRITWICK

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R2 BY ADV. SRI.LOHITHAKSHAN CHATHADI KANNOTH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-01-2018,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 142 of 2018 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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ANNEXURE A1 THE COPY OF THE FINAL REPORT.

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ANNEXURE A2 THE COPY OF THE AFFIDAVIT.

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RESPONDENT'S ANNEXURES : NIL.

//TRUE COPY//

P.A. TO JUDGE

B. KEMAL PASHA, J.

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Crl.M.C. No.142 of 2018

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Dated this the 18^th day of January, 2018

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O R D E R

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~ ~ ~ ~ ~ ~

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Petitioners are the accused in CC No.1565/2017

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of the Judicial First Class Magistrate's Court, Kasaragod, which has arisen from Crime No.402/2017 of Adhur Police Station for the offences punishable under Sections 143, 147, 294(b), 341, 323 and 506(i) read with Section 149 IPC.

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It seems that the matter has been amicably

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settled between the petitioners and the de facto complainant, who is the 2^nd respondent herein.

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The 2^nd respondent has filed Annexure-A2 affidavit affirming that the matter has been amicably settled between him and the petitioners and presently, he has no complaints against the petitioners. No purpose would be served in proceeding with the matter further. Matters being so, all further proceedings against the petitioners in CC

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Crl.M.C.142/2018

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: 2 :

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No.1565/2017 of the Judicial First Class Magistrate's Court, Kasaragod, which has arisen from Crime No.402/2017 of Adhur Police Station, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings against the petitioners in CC No.1565/2017 of the Judicial First Class Magistrate's Court, Kasaragod, which has arisen from Crime No.402/2017 of Adhur Police Station, are quashed.

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/18/01

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// True Copy //

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PS to Judge

Abdulla B.A. v. State of Kerala

Case brief

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Abdulla B.A. v. State of Kerala

Case brief

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