Allowed

Sabith v. Koya

Kerala HC27 Jul 2018Crl.MC/4041/2018

Case brief

AI extract

What is this about?

In this criminal miscellaneous case, the High Court of Kerala allowed the petitioner's plea to quash criminal proceedings. The court found that the matter was settled between the accused and the victim, satisfying the requirements for quashing the case under Section 482 Cr.P.C. Consequently, the proceedings in C.P No.26 of 2018 were quashed.

What did the court decide?

The criminal proceedings in C.P No.26 of 2018 on the file of JFCM Court, Parappanangadi were quashed.

Sabith Vs Koya — 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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FRIDAY, THE 27TH DAY OF JULY 2018 / 5TH SRAVANA, 1940

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Crl.MC.No. 4041 of 2018

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CRIME NO. 97/2018 OF THIRURANGADI POLICE STATION , MALAPPURAM

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PETITIONER/ACCUSED:

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SABITH AGED 26 YEARS,

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S/O.SIDDIQUE, KEEZHVEETTIL HOUSE, PANTHARANGADI P.O., TIRURANGADI, MALAPPURAM DISTRICT - 676 306.

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BY ADVS.SRI.NAVANEETH.N.NATH

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SRI.P.U.PRATHEESH KUMAR

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SMT.NEELANJANA NAIR

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RESPONDENTS/COMPLAINANTS & STATE:

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1. KOYA, AGED 41 YEARS, S/O.MUHAMMED, CHETTIYAMTHODI HOUSE, PANTHARANGADI P.O., TIRURANGADI, MALAPPURAM DISTRICT - 676306.

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2. STATE OF KERALA REPRESENTED BY THE S.I. OF POLICE, TIRURANGADI POLICE STATION, (CRIME NO.97/2018) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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R2 BY ADV. SRI.R.NANDAGOPAL

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R BY PUBLIC PROSECUTOR SRI.ALEX M THOMBRA

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 27-072018,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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APPENDIX

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CRL. M.C.NO.4041 OF 2018

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PETITIONER'S EXHIBITS:

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ANNEXURE-I TRUE COPY OF THE FIR IN CRIME NO.97/2018 ON THE FILES OF THE TIRURANGADI POLICE STATION DATED 10.3.2018 ANNEXURE-II AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANT/R1 DATED 12/06/2018

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RESPONDENTS' EXHIBITS: NIL

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// TRUE COPY //

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PA TO JUDGE

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K.ABRAHAM MATHEW J.

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Crl.M.C. NO.4041 of 2018

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Dated this the 27^th day of July, 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.P No.26 of 2018 on the file

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JFCM Court, Parappanangadi. He is alleged to have committed the offences under Sections 308, 323, 324, 341 and 448 IPC. The first 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 first respondent and the learned Public Prosecutor.

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I have perused the affidavit filed by the first respondent, who has entered appearance through counsel. I am satisfied that the matter

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has been settled and there is no impediment for granting the prayer of the petitioner.

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In the result, this Crl.M.C is allowed. The proceedings in C.P No.26 of 2018 on the file JFCM Court, Parappanangadi are quashed. If any material objects have been produced in this case, the court concerned may pass appropriate orders for their disposal.

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Sd/-

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K.ABRAHAM MATHEW JUDGE

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Sabith v. Koya

Case brief

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Sabith v. Koya

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