Allowed

Mony v. State of Kerala

Kerala HC23 Jan 2018Crl.MC/5/2018

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition by accused persons facing prosecution under various sections of IPC arising from an incident in 2015. The Court quashed all further proceedings after finding that the matter had been amicably settled between the parties and no complaint remained.

What did the court decide?

All further proceedings against the petitioners in the impugned criminal case are quashed.

Mony 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 B.KEMAL PASHA

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TUESDAY, THE 23RD DAY OF JANUARY 2018 / 3RD MAGHA, 1939

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Crl.MC.No. 5 of 2018

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

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SC 907/2017 of ADDL. DISTRICT AND SESSIONS COURT, KOZHIKODE-III

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CRIME NO. 711/2015 OF NADAPURAM POLICE STATION,

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KOZHIKODE DISTRICT

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----------

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PETITIONERS/ACCUSED :

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1 MONY S/O.SREEDHARAN, AGED 27 YEARS, IYYANKODE, VISHU MANGALAM, KALLACHI, VADAKARA TALUK, KOZHIKODE DISTRICT, PIIN-673 501.

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2 DILEEP @ DILEESH S/O.GOPALAN, AGED 27 YEARS, CHENGARAM KANDIYIL HOUSE, IYYANKODE, VISHU MANGALAM, KALLACHI, VADAKRA TALUK, KOZHIKODE DISTRICT, PIN-673 501.

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BY ADV.SRI.M.G.SREEJITH

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RESPONDENTS/STATE & DEFACTO COMPLAINANT :

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1. STATE OF KERALA

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REPRESENTED BY THE SUB INSPECTOR OF POLICE, NADAPURAM POLICE STATION, KOZHIKODE DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN 682031.

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2. SADIQ

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AGED 22 YEARS,S/O.KUNJALI, CHANGARAKANDI HOUSE, IYYANKODE, VISHU MANGALAM, KALLACHI, VADAKARA TALUK, KOZHIKODE DISTRICT, PIN-673 501.

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3. MUHAMMED RAFI, AGED 24 YEARS, S/O.MAJEED, VALIYAKUNNANDI P.O., IYYANKODE, VISHU MANGALAM, KALLACHI, VADAKARA TALUK, KOZHIKODE DISTRICT, PIN-673 501.

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R1 BY PUBLIC PROSECUTOR ALEX M. THOMBRA R2 & R3 BY ADV. SRI.BOBBYMATHEW KOOTHATTUKULAM

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-01-2018,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 5 of 2018 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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ANNEXURE A1 CERTIFIED COPY OF FIR IN SC 907/2017 PENDING BEFORE THE HONOURABLE 3RD ADDL. DISTRICT AND SESSIONS COURT, KOHZIKODE.

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ANNEXURE A2 AFFIDAVIT FILED BY THE 2ND AND 3RD RESPONDENTS DATED 23/11/2017

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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.5 of 2018

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Dated this the 23^rd 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 SC. No.907/2017

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of the 3^rd Additional District and Sessions Court, Kozhikode, which has arisen from Crime No.711/2015 of Nadapuram Police Station, for the offences punishable under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 IPC.

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It seems that the matter has been amicably settled between the parties.

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On going through the matter, this Court is satisfied that there are no ingredients to invite an offence under Section 308 IPC in the matter. Respondents 2 and 3 have filed Annexure-A2 affidavit, affirming that the matter has been amicably settled between them and the petitioners

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and they have no complaints against the petitioners.

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Crl.M.C.5/2018

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: 2 :

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When the matter has been amicably settled

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between the parties, no purpose would be served in proceeding with the matter any further. Matters being so, all further proceedings against the petitioners in SC. No.907/2017 of the 3^rd Additional District and Sessions Court, Kozhikode, which has arisen from Crime No.711/2015 of Nadapuram 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 SC. No.907/2017 of the 3^rd Additional District and Sessions Court, Kozhikode, which has arisen from Crime No.711/2015 of Nadapuram Police Station, are quashed.

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/23/01

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// True Copy //

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PS to Judge

Mony v. State of Kerala

Case brief

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Mony v. State of Kerala

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