Allowed

Babu v. State of Kerala

Kerala HC2 Apr 2018Crl.MC/1793/2018

Case brief

AI extract

What is this about?

Criminal Miscellaneous case where petitioners, accused in an offences case involving IPC Sections 308, 324, and 341, sought to quash proceedings based on a settlement affidavit. The court, finding no public interest involved and satisfaction regarding the settlement's validity, allowed the petition and quashed the criminal proceedings.

What did the court decide?

Criminal Miscellaneous Case allowed; proceedings in Crime No.21 of 2018 quashed.

Babu 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 2ND DAY OF APRIL 2018 / 12TH CHAITHRA, 1940

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Crl.MC.No. 1793 of 2018

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CRIME NO. 21/2018 OF MEPPAYUR POLICE STATION, KOZHIKODE DISTRICT.

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PETITIONERS/ACCUSED

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1 BABU, S/O. CHEKKOTTY, AGED 40 YEARS, KURUPINTETHAZHAEKUNI HOUSE, NEDUMPOYIL, KOZHIKODE.

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2 CHEKKOTTY, AGED 57 YEARS, KURUPINTETHAZHAEKUNI HOUSE, NEDUMPOYIL, KOZHIKODE.

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BY ADV.SRI.B.H.ANSIL

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RESPONDENT/COMPLAINANT/STATE:

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

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2. KUNJABDULLAH, AGED 65 YEARS, S/O.AMMAD, MANAKKAL HOUSE, KOZHUKKALLUR P.O., MEPPAYUR VIA, KOZHIKODE-673 026.

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R1 BY SR. PUBLIC PROSECUTOR SRI.ALEX M.THOMBRA. R2 BY ADV. SRI.MANSOOR.B.H.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs. 03/04/2018.

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Crl.MC.No. 1793 of 2018 ()

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APPENDIX

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PETITIONER'S ANNEXURES:

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ANNEXURE A COPY OF THE F.I.R. IN CRIME NO.21/2018 OF MEPPAYUR POLICE STATION.

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ANNEXURE B AFFIDAVIT OF SETTLEMENT DATED 14.03.2018.

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RESPONDENT'S ANNEXURES: NIL.

//TRUE COPY//

P.S. TO JUDGE

rs. 03/04/2018.

K. ABRAHAM MATHEW, J.

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Crl.M.C. No. 1793 of 2018

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Dated this the 2^nd day of April, 2018

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ORDER

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Petitioners are accused in Crime No.21 of 2018 of Meppayur Police Station registered for the offences under Sections 308, 324 and 341 r/w Section 34 IPC. The second respondent is the victim. It is submitted that the matter has been settled and the proceedings may be quashed.

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Heard the learned counsel for the petitioners, the learned counsel for the second respondent and the learned Public Prosecutor.

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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 prayer of the petitioners.

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In the result, this Crl.M.C is allowed. The proceedings in Crime No.21 of 2018 of Meppayur Police Station are quashed.

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Crl.M.C. No. 1793 of 2018

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-2-

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If any material objects have been purchased in this case, the

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court below may pass appropriate orders for the disposal.

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K. ABRAHAM MATHEW JUDGE

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Scl/02.04.18

Babu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Babu v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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