Allowed

V.v.Abdulla v. the State of Kerala

Kerala HC8 Jun 2018Crl.MC/2083/2018

Case brief

AI extract

What is this about?

The High Court of Kerala, in a criminal appeal under Section 482 Cr.P.C., quashed criminal proceedings alleging offences under Sections 377 and 506 IPC. The court was satisfied that a settlement had been reached and the petitioner was an adult at the time of the incident.

What did the court decide?

Criminal Maintenance Warrant No. 2083 of 2018 allowed; Criminal Case No. 33 of 2015 of the Judicial First Class Magistrate Court, Payyannur quashed.

V.v.Abdulla Vs the State of Kerala — Constitutional and Fundamental Rights | 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 8TH DAY OF JUNE 2018 / 18TH JYAISHTA, 1940

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Crl.MC.No. 2083 of 2018

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CC.NO.33/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT,PAYYANNUR. CRIME NO.900/2012 OF PAYANGADI POLICE STATION , KANNUR.

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-----------

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PETITIONER(S)/ACCUSED

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V.V.ABDULLA, S/O. IBRAHIM, AGED 37 YEARS, VALIYA VALAPPIL HOUSE, PUTHIYANGADI, MADAYI P.O., MADAYI AMSOM, KANNUR TALUK, KANNUR DISTRICT - 670 304.

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BY ADV.SRI.V.A.SATHEESH

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RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:

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1. STATE OF KERALA,

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REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM THROUGH S.H.O. PAYANGADI POLICE STATION, PAYANGADI P.O., KANNUR DISTRICT - 670 301.

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2. NASHIF,

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S/O. NASSAR, AGED 27 YEARS, KUTTUKKAN SHAPPINAKATH HOUSE, KOZHI BAZAR, PUTHIYANGADI, MADAYI P.O., MADAYI AMSOM, KANNUR TALUK, KANNUR DISTRICT - 670 304.

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R1 BY SENIOR PUBLIC PROSECUTOR SRI.ALEX M.THOMBRA R2 BY ADV. SRI.V.T.MADHAVANUNNI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 2083 of 2018 ()

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APPENDIX

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PETITIONER(S)'ANNEXURES

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ANNEXURE A1 CERTIFIED COPY THE FIR IN CRIME NO. 900/2012 OF PAYANGADI POLICE STATION. ANNEXURE A2 CERTIFIED COPY OF THE CHARGE SHEET IN C.C.NO. 33/2015 ON THE FILE OF J.F.C.M.COURT, PAYYANNUR.

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ANNEXURE A3 CERTIFIED COPY OF THE MEMO OF EVIDENCE IN C.C.NO.33/2015 ON THE FILE OF J.F.C.M, COURT, PAYYANNUR.

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RESPONDENT(S)'ANNEXURES - NIL

/TRUE COPY/

PS TO JUDGE

TS 12.06.2018

K.ABRAHAM MATHEW J.

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Crl.M.C. NO.2083 of 2018

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Dated this the 8^th day of June, 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.33 of 2015 on the file of the JFCM Court, Payyannur. He ius alleged to have committed the offences under Sections 377 and 506 IPC. The second 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 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 claim of settlement is true, the petitioner was more than 20 years when the incident happened. Having regard to the facts of the case, I am inclined to allow the prayer of the petitioner to quash the proceedings.

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In the result, this Crl.M.C is allowed. The proceeding C.C.No.33 of 2015 on the file of the JFCM Court, Payyannur are quashed.

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Sd/K.ABRAHAM MATHEW JUDGE

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V.v.Abdulla v. the State of Kerala

Case brief

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V.v.Abdulla v. the State of Kerala

Case brief

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