Allowed

Sayyed M. Nissar v. Sub Inspector of Police

Kerala HC2 Feb 2018Crl.MC/191/2018

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a petition to quash criminal proceedings against four accused persons. The matter was amicably settled between the complainant and the petitioners, with no criminal antecedents reported, rendering further trial unnecessary.

What did the court decide?

This Crl.M.C. No. 191 of 2018 is allowed and all further proceedings in C.C. No. 363/2017 against the petitioners are hereby quashed.

Sayyed M. Nissar Vs Sub Inspector of Police — 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 B.KEMAL PASHA

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FRIDAY, THE 2ND DAY OF FEBRUARY 2018 / 13TH MAGHA, 1939

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Crl.MC.No. 191 of 2018

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C.C.363/2017 OF CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD. CRIME NO.698/2015 OF KUMBLA POLICE STATION, KASARGOD.

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PETITIONER(S)/ACCUSED NOS. 1 TO 4:

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1 SAYYED M. NISSAR, S/O. MOHAMMED, AGED 22 YEARS, UMAIBA MANZIL, PANCHATHOTTI, ADKA, MANGALPPADY VILLAGE, KASARAGOD - 671 121.

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2 IBRAHIM KHALEEL, S/O. ABOOBACKER, AGED 25 YEARS, ODDAMVEED HOUSE, KUBANOOR, KASARAGOD - 671 121.

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3 SHADIL @ AHAMMED SHADIL, S/O. SHAHUL HAMEED, AGED 23 YEARS, MIHRAJ MANZIL, MANIKINAMOOLA, MINAR ROAD, KUBANOOR, KASARAGOD.

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4 MOHAMMED NOUSHAD, S/O. HAMSA, AGED 21 YEARS, PANJAM HOUSE, NEAR SRAUP SCHOOL, KUBANOOR, MANGALPADY, KASARAGOD.

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BY ADVS.SRI.T.G.RAJENDRAN SRI.T.R.TARIN SMT.ANN SUSAN GEORGE SRI.V.A.VINOD

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RESPONDENT(S)/COMPLAINANT/DEFACTO COMPLAINANT AND STATE:

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1. THE SUB INSPECTOR OF POLICE, KUMBLA POLICE STATION, KASARAGOD DISTRICT - 671 121.

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2. BABU. M., S/O. MUNDA, AGED 77 YEARS, SHANTHIMOOLE COLONY, KUBANOOR P.O., MANJESHWAR TALUK, KASARAGOD 671 323.

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

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R1 & R3 BY PUBLIC PROSECUTOR SRI.ALEX M.THOMBRA R2 BY ADV. SRI.CIBI THOMAS

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

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mbr/

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Crl.MC.No. 191 of 2018 ()

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APPENDIX

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PETITIONERS' ANNEXURES:

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ANNEXURE I TRUE COPY OF THE FINAL REPORT.

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ANNEXURE II TRUE COPY OF THE AFFIDAVITS SWORN IN BY THE 2ND RESPONDENT.

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RESPONDENTS' ANNEXURES: NIL

/TRUE COPY/

P.S.TO JUDGE

mbr/

B. KEMAL PASHA, J.

Crl.M.C.No.191 of 2018

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Dated this the 2^nd day of February, 2018

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O R D E R

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Petitioners are the accused in C.C.No.363/2017 of the Chief Judicial Magistrate's Court, Kasaragod, which has arisen from Crime No.698/2015 of the Kumbla Police Station, registered for the offences punishable under Sections 143, 147, 148, 153, 427 and 452 read with 149 of the Indian Penal Code.

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It seems that the matter has been amicably

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settled between the parties.

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On going through the facts and circumstances of the case, it seems that the matter can be permitted to be settled. It has been reported that no criminal antecedents have been reported against the petitioners. The 2^nd respondent has filed Annexure-II affidavit affirming that the matter has been amicably settled between him and the petitioners and he has no complaints against the petitioners. Considering the fact

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that the matter has already been settled amicably between the parties, this court is satisfied that no purpose would be served in proceeding with the trial of the case. Matters being so, all

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Crl.M.C.No.191 of 2018 2

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further proceedings in C.C.No.363/2017 of the Chief Judicial Magistrate's Court, Kasaragod, which has arisen from Crime No.698/2015 of the Kumbla Police Station against the petitioners, are liable to be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.363/2017 of the Chief Judicial Magistrate's Court, Kasaragod, which has arisen from Crime No.698/2015 of the Kumbla Police Station against the petitioners, are hereby quashed.

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Sd/B. KEMAL PASHA, JUDGE.

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True Copy

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P.A. to Judge

Sayyed M. Nissar v. Sub Inspector of Police

Case brief

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Sayyed M. Nissar v. Sub Inspector of Police

Case brief

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