Allowed

Bismil v. State of Kerala

Kerala HC2 Jul 2018Crl.MC/3860/2018

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the petition seeking quashing of criminal proceedings under Section 482 Cr.P.C. The Court accepted the allegation of settlement made by the accused and directed the quashing of the case, holding no public interest was involved.

What did the court decide?

The proceedings in CP No. 98 of 2017 on the file of the Judicial First Class Magistrate Court, Tirur are quashed.

Bismil 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 JULY 2018 / 11TH ASHADHA, 1940

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Crl.MC.No. 3860 of 2018

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CRIME NO. 71/2017 OF KUTTIPURAM POLICE STATION,

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MALAPPURAM DISTRICT

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PETITIONERS/ACCUSED 1 TO 16

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1 BISMIL,AGED 22 YEARS,

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S/O. RASHEED, KUTTIYIL HOUSE, NILAMBUR P.O., MALAPPURAM DIST.

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2 NAJIM, AGED 22 YEARS, S/O.ABDUL SATHAR, MULLAKAKATH VALAPPIL HOUSE, VADAKARA BEACH, VADAKARA P.O., KOZHIKODE DIST.

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3 IJAZ AHMED, AGED 22 YEARS, S/O.ABDUL ASEES, KOMARATH VALIYATHODIYIL HOUSE, KUTTIPURAM P.O., MALAPPURAM DIST.

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4 MUHAMMED SHABEEB,AGED 22 YEARS, S/O. ALAVIKUTTI, OOROTHODI HOUSE, THANIKKAL, KODUR P.O., MALAPPURAM DIST.

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5 ARJUN M.P.,AGED 22 YEARS, S/O. MANOHARAN, MELEPURATH HOUSE, PERUMBARAMBA P.O., MALAPPURAM DISTRICT.

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6 AKHIL PASHA, AGED 22 YEARS,

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S/O.ANWAR PASHA, THONDANKANDI HOUSE, VADAKARA P.O., KOZHIKODE DISTRICT.

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7 ASHRAF, AGED 22 YEARS,

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S/O. SAID MUHAMMED, KINACHALLUR HOUSE, VADAKARA P.O., KOZHIKODE DIST.

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8 MUHAMMED ALSAM,AGED 22 YEARS,

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S/O.YOUSUF ALI, KIZHAKKE PEEDIYEKKAL HOUSE, BP ANGADI P.O., TIRUR, MALAPPURAM DIST.

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9 JITHIN R.,AGED 22 YEARS, S/O.RAVI, CHUNGATHODI HOUSE, KONNANCHERY, AYAKKAD, VADAKKANCHERI P.O., PALAKKAD DIST.

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Crl.MC.No. 3860 of 2018 ()

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10 AJMAL ROSHAN,AGED 22 YEAS, S/O.IBRAHIM, SAIDU MANZIL, THALASSERI P.O., KANNOOR DIST. 11 SHANID T.K.,AGED 22 YEARS, S/O.NASSAR, MAYFER HOUSE, AZHIYUR P.O., VADAKARA, KOZHIKODE DIST. 12 MUHAMMED SHAREEF,AGED 22 YEARS, S/O.HAMSA, CHERUVALAYIL HOUSE, ULLANAM, THIRURANGADI P.O., MALAPPURAM DISTRICT. 13 ASHIK,AGED 22 YEARS, S/O.ABDUL SALAM, KUNIYIL HOUSE, KIZHUPARAMBA P.O., MALAPPURAM DIST. 14 SALMAN, AGED 22 YEARS, S/O.MOIDEEN KUTTI, PUTHUSSERI PARAMBIL HOUSE, CHUNKATHALA P.O., MALAPPURAM DIST.

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15 AHMED BASIL,AGED 22 YEARS, S/O.AHMED, KOTERI HOUSE, KUNNUMMAL P.O., KOZHIKODE DISTRICT. 16 AMEER, AGED 22 YEARS, S/O.IBRAHIM, MACHINGIL HOUSE, VASUPADI, THARIPARAMB P.O., MALAPPURAM DISTRICT. BY ADVS.SRI.J.R.PREM NAVAZ SRI.P.T.SHEEJISH

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RESPONDENTS/STATE & COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.

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2. MUHAMMED ASHIK,AGED 22 YEARS, S/O.SHAMSUDHEEN, PARAKKAL HOUSE, IRUMBALASSERI P.O, NEYYALA, PALAKKAD DISTRICT,PIN-679335.

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3. MUHAMMED NIKASH AFRIDI,AGED 22 YEARS, S/O.UMER FAROOK, RAHMATH MANZIL, SS ROAD, CHIRAKKARA P.O., THALASSERI, KANNOOR DISTRICT,PIN-670104.

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4. FARHAN ARIF,AGED 22 YEARS, S/O. ARIF RAHMAN, KUNNOTH SAMAR HOUSE, MEKKUNNU, THALASSERI, KANNOOR DISTRICT, PIN-670675.

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Crl.MC.No. 3860 of 2018 ()

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5. MUHAMMED SAHRUK KHAN,AGED 22 YEARS, S/O.ASLAM C.V., MACHINGIL HOUSE, VASUPADI, THARIPARAMB P.O., MALAPPURAM-676504.

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6. MUHAMMED ANAS,AGED 22 YEARS, S/O. SAIFUDEEN, PUTHIYEDATH HOUSE, GANESHAMANGALAM P.O., VADANAPALLI, THRISSUR DIST,PIN-680614.

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7. AKASH,AGED 22 YEARS, S/O.RAVI, MACHINGIL HOUSE, VASUPADI, THARIPARAMB, MALAPPURAM DIST, PIN-676504.

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R1 BY PUBLIC PROSECUTOR SRI.B. JAYASURYA R2 TO R7 BY ADV. SRI.AJOY VENU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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bp 4/7/2018

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Crl.MC.No. 3860 of 2018 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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ANNEXURE A THE ACCUSED COPY OF THE FINAL REPORT/CHARGE SHEET IN CRIME NO.71 OF 2017, OF KUTTIPPURAM POLICE STATION IN MALAPPURAM DISTRICT. ANNEXURE B THE AFFIDAVIT SOLEMNLY AFFIRMED BY THE SECOND RESPONDENT/DEFACTO COMPLAINANT DATED 17-07-2017. ANNEXURE C THE AFFIDAVIT SOLEMNLY AFFIRMED BY THE SECOND RESPONDENTS 3 TO 7/INJURED PERSON'S DATED 17-07-2017. ANNEXURE D TRUE COPY OF THE JUDGMENT IN CRL.MC.6992/17. RESPONDENT'S ANNEXURES : NIL.

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//TRUE COPY// P.A. TO JUDGE

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bp 4/7/2018

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K. ABRAHAM MATHEW, J.

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-------------------------------------------------Crl.M.C. No. 3860 of 2018

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Dated this the 2^nd day of July, 2018

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O R D E R

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Petition filed under Section 482 Cr.P.C.

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2.The petitioners are accused in CP No. 98 of 2017 on the

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file of the Judicial First Class Magistrate Court, Tirur registered for the offences under Sections 143, 147, 148, 308, 323, 324, 326, 341 & 427 r/w Section 149 of the Indian Penal Code. Respondents 2 to 7 are the victims. It is submitted that the matter has been settled and the proceedings in the criminal case may be quashed.

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3.Heard the learned counsel for the petitioners and respondents 2 to 7 and the learned Public Prosecutor.

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4.I have perused the affidavits filed by respondents 2 to 7, who have 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 the prayer of the petitioners.

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Crl.M.C. No. 3860 of 2018

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..2..

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In the result, this Crl.M.C. is allowed. The proceedings in CP No. 98 of 2017 on the file of the Judicial First Class Magistrate Court, Tirur are quashed. If any material objects have been produced in the case, the learned magistrate may pass appropriate orders for their disposal.

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Sd/-

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K. ABRAHAM MATHEW JUDGE

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bka/02.07.2018

Bismil v. State of Kerala

Case brief

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Bismil v. State of Kerala

Case brief

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