Allowed

Abin Koya v. State of Kerala

Kerala HC16 Mar 2018Crl.MC/1437/2018

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a petition filed under Section 482 Cr.P.C. by accused petitioners seeking quashing of criminal proceedings registered under various IPC sections. The court was satisfied based on the second respondent's affidavit that the allegations of settlement were true and no public interest was involved, leading to the quashing of the proceedings.

What did the court decide?

The proceedings in Crime No. 541 of 2017 of Kunnamangalam Police Station are quashed. The magistrate is directed to pass appropriate orders for disposal if any material object has been produced in the

Abin Koya 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 K.ABRAHAM MATHEW

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FRIDAY, THE 16TH DAY OF MARCH 2018 / 25TH PHALGUNA, 1939

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Crl.MC.No. 1437 of 2018

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

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CRIME NO. 541/2017 OF KUNNAMANGALAM POLICE STATION, KOZHIKODE DISTRICT

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PETITIONERS/ACCUSED :

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1 ABIN KOYA

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AGED 21 YEARS, S/O MOIDHEEN KOYA,

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PATHIRIKKODAN HOUSE, MYSORE MALA POST,

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MUKKAM, KOZHIKODE-673602-PIN,KERALA.

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2 ASIF, AGED 22 YEARS, S/O BASHEER, PARAVATHANI HOUSE, KARASSERY POST, MUKKAM, KOZHIKODE-673602, KERALA

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3 MUHAMMED ANAS, AGED 21 YEARS, S/O ABBAS, NADUVILEDATH HOUSE, KARASSERY, KUMARANALLUR POST, MUKKAM-673602-PIN,KOZHIKODE,KERALA.

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4 UNAIZ AGED 22 YEARS, S/O USAMAN, PUTHIYOTTIL HOUSE,KUMARANALLUR POST, MUKKAM-673602-PIN,KERALA

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5 RIYAS AGED 22 YEARS, S/O MUHAMMED, NECHIKKANDAN HOUSE,KUMARANALLUR POST, MUKKAM-673602-PIN,KERALA

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BY ADV.KUM.M.JINSY RAM

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RESPONDENTS/STATE:

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

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Crl.MC.No. 1437 of 2018 ()

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2. VYSHAK, AGED 23 YEARS, S/O SUNIL, MAYANGOT HOUSE, NIT,CHATHAMANGALAM POST, KUNNAMANGALAM,KOZHIKODE-673601-PIN, KERALA

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R1 BY SENIOR PUBLIC PROSECUTOR SRI.C.S.HRITHWICK R2 BY ADV. SRI.BIJU.P.N.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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bp 16/3/2018

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Crl.MC.No. 1437 of 2018 () --------------------------

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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ANNEXURE A: THE CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.541/2017 OF KUNNAMANGALAM POLICE STATION,

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ANNEXURE B: AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT.

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RESPONDENT'S ANNEURES : NIL.

//TRUE COPY//

P.A. TO JUDGE

K. ABRAHAM MATHEW, J.

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Crl.M.C. No. 1437 of 2018

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Dated this the 16^th day of March, 2018

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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.The petitioners are the accused in Crime No. 541 of 2017 of Kunnamangalam Police Station registered for the offences under Sections 143, 144, 147, 148, 308, 323, 324 & 341 r/w Section 149 of the Indian Penal Code. The second 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 and the second respondent and the learned Public Prosecutor.

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4.I have perused the affidavit filed by the second respondent, who has entered appearance through counsel. I am satisfied that the allegation of settlement is true and no public interest is involved. There is no impediment for granting the prayer of the petitioners. In the result, this Crl.M.C. is allowed. The proceedings

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Crl.M.C. No. 1437 of 2018

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..2..

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in Crime No. 541 of 2017 of Kunnamangalam Police Station are quashed. If any material object has been produced in the case, the learned magistrate may pass appropriate orders for disposal.

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Sd/- K. ABRAHAM MATHEW JUDGE

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bka/16.03.2018

Abin Koya v. State of Kerala

Case brief

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What did the court decide?

Abin Koya v. State of Kerala

Case brief

What is this about?

What did the court decide?

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