Allowed

Hassan Kutty @ Hassan Haji v. State of Kerala

Kerala HC19 Mar 2018Crl.MC/1470/2018

Case brief

AI extract

What is this about?

The Kerala High Court quashed criminal proceedings against the petitioner under Section 482 Cr.P.C. The court found the settlement claim genuine, noted deposit into the Port Trust, and identified no public interest involved.

What did the court decide?

Criminal Miscellaneous Case No. 1470 of 2018 allowed; proceedings in C.C. No. 611 of 2016 in the Judicial First Class Magistrate Court, Mattanchery, quashed.

Hassan Kutty @ Hassan Haji 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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MONDAY, THE 19TH DAY OF MARCH 2018 / 28TH PHALGUNA, 1939

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Crl.MC.No. 1470 of 2018

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CC 611/2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MATTANCHERY. CRIME NO.616/2014 OF MATTANCHERRY POLICE STATION, ERNAKULAM.

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PETITIONER/ACCUSED:

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HASSAN KUTTY @ HASSAN HAJI, AGED 53 YEARS, S/O.MOITHEEN MOULA, THOPPIL VEED, VEDIMARA, MANNAM P.O, N. PARAVUR.

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BY ADV.SRI.RAJIV NAMBISAN

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RESPONDENT(S)/STATE & COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682 031.

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2. T.K VISWANADHAN, S/O. KUNJAN PILLAI, THACHANKUZHIYIL HOUSE, KAKKANAD, ERNAKULAM DIST. - 682 030, GENERAL FOREMAN PORT TRUST, COCHIN PORT.

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R1 BY SENIOR PUBLIC PROSECUTOR SRI.C.S. HRITHWIK R2 BY ADV. SRI.MANSOOR. B.H.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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Crl.MC.No. 1470 of 2018 ()

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APPENDIX

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PETITIONERS' ANNEXURES:

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ANNEXURE A COPY OF THE FINAL REPORT IN CC 611/16 ON THE FILE OF JFCM MATTANCHERRY.

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ANNEXURE B AFFIDAVIT OF THE 2ND RESPONDENT.

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RESPONDENTS' ANNEXURES: NIL

/TRUE COPY/

P.S.TO JUDGE

mbr/ 20.03.2018.

K.ABRAHAM MATHEW J.

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Crl.M.C. NO.1470 OF 2018

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Dated this the 19^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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Petitioner is the accused in C.C.No.611 of 2016 on the file of the Judicial First Class Magistrate Court, Mattanchery. He is alleged to have committed the offences under Sections 283, 431 and 447 IPC. The 2^nd respondent is the victim. 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 petitioner 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 counsel. I am satisfied that the allegation of settlement is true. The petitioner has deposited certain amount to the Port Trust. No public interest is involved in this case. There is no impediment for granting the prayer of the petitioner.

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In the result, this Crl.M.C is allowed. The proceedings in C.C.No.611 of 2016 on the file of the Judicial First Class Magistrate Court, Mattanchery are quashed. If any material objects have been produced in this case, the trial court may pass appropriate orders for their disposal.

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Sd/-

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K.ABRAHAM MATHEW JUDGE

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Hassan Kutty @ Hassan Haji v. State of Kerala

Case brief

What is this about?

What did the court decide?

Hassan Kutty @ Hassan Haji v. State of Kerala

Case brief

What is this about?

What did the court decide?

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