Allowed

Abdul Jaleel v. State of Kerala

Kerala HC7 Jun 2018Crl.MC/3547/2018

Case brief

AI extract

What is this about?

Criminal Miscellaneous petition filed under Section 482 Cr.P.C. by accused to quash proceedings in C.C. No. 297/2017 involving offences under IPC. Court allowed petition due to settlement and lack of public interest, quashing the trial court proceedings.

What did the court decide?

Criminal Miscellaneous Case allowed; proceedings in C.C. No. 297/2017 of the Judicial First Class Magistrate's Court-I, Kasargod are quashed.

Abdul Jaleel Vs State of Kerala — Quashing and FIR | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶4

THURSDAY, THE 7TH DAY OF JUNE 2018 / 17TH JYAISHTA, 1940

¶5

Crl.MC.No. 3547 of 2018

¶6

IN CC 297/2017 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD

¶7

CRIME NO. 187/2017 OF VIDYANAGAR POLICE STATION, KASARGOD

¶8

PETITIONER(S)/ACCUSED :-

¶9

1 ABDUL JALEEL,

¶10

AGED 25 YEARS, S/O. MUHAMMEDKUTTY, R/AT THARAYIL (H), KADAMPUZHA, MALAPPURAM DISTRICT.

¶11

2 ABOOBACKER SULFIKKAR, AGED 19 YEARS, S/O. ABDULKHADER, R/AT PUNATHIL HOUSE, CHENGALA VILLAGE, KASARAGOD DISTRICT.

¶12

3 MUHAMMED MARSHOOKAR, AGED 19 YEARS, S/O. ABDULLA, R/AT K.K. PURAM HOUSE, CHENGALA VILLAGE, KASARAGOD DISTRICT.

¶13

4 JASEEM THAHA M.A., AGED 21 YEARS, S/O. ABDUL RAHIMAN, R/AT MUBARA HOUSE, VALIYAPARAMBU, KOZHIKODE DISTRICT.

¶14

5 MUHASIN SHABEER ALI, AGED 22 YEARS, S/O. MOITHEEN KUNHI, R/AT KANIYADUKKAM HOUSE, CHENGALA VILLAGE, KASARAGOD DISTRICT.

¶15

BY ADV.SRI.KODOTH SREEDHARAN

¶16

RESPONDENT(S)/COMPLAINANT & STATE :-

¶17

1. STATE OF KERALA,

¶18

THROUGH THE STATION HOUSE OFFICER, VIDYANAGAR POLICE STATION, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

¶19

2. AJITH K.P., S/O. PREMACHANDRAN, AGED 20 YEARS, R/AT KOTTARATHIL HOUSE, PUKOTTOOR VILLAGE, ARAVANGARA, MALAPPURAM DISTRICT.

¶20

R1 BY SRI.ALEX M THOMBRA, SR.PUBLIC PROSECUTOR

¶21

R2 BY ADV. SMT.C.B.SUMA DEVI

¶22

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶23

Crl.MC.No. 3547 of 2018 ()

¶24

APPENDIX

¶25

PETITIONER(S)' ANNEXURES :-

¶26

ANNEXURE I TRUE COPY OF THE FINAL REPORT IN CRIME NO.187/2017 OF VIDHYANAGAR POLICE STATION, KASARAGOD DT. 01.05.2017. ANNEXURE II TRUE COPY OF THE AFFIDAVIT BY THE 2ND RESPONDENT. RESPONDENT(S)' ANEEXURES :- NIL

¶27

//TRUE COPY// PA TO JUDGE

¶28

SMA

¶29

K.ABRAHAM MATHEW, J.

¶30

- - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl. M.C. No. 3547 of 2018

¶31

- - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 07^th day of June, 2018

¶32

ORDER

¶33

Petition filed under Section 482 Cr.P.C.

¶34

Petitioners are the accused in C.C. No.297/2017 of the

¶35

Judicial First Class Magistrate's Court-I, Kasargod, registered for the offences under Sections 143, 147, 148, 323, 324, 341 r/w 149 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.

¶36

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

¶37

I have perused the affidavits filed by the second respondent, who has entered appearance through counsel. I am satisfied that the matter has been settled and no public interest is involved in this case. There is no impediment for granting the prayer of the petitioners.

¶38

In the result, this Crl.M.C is allowed. The proceedings in C.C. No. 297/2017 of the Judicial First Class Magistrate's Court-I, Kasargod are quashed. If any material objects have been produced in this case, the trial court may pass appropriate orders for their disposal.

¶39

Sd/-

¶40

K. ABRAHAM MATHEW JUDGE

¶41

//True Copy//

¶42

PA TO JUDGE

¶43

SMA

Abdul Jaleel v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abdul Jaleel 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

Coram

Case details

Similar cases

Shaji @ Moonam Moodu Shaji Vs State of Kerala

Michael Varghese Alias Michael Vs the State of Kerala

Abdul Ravas Vs State of Kerala

Dijesh P.P. Vs State of Kerala

Ashraf Vs Sub Inspector of Police, Payyanur Police Station

Prakash Bhat K Vs State of Kerala