Allowed

Basheer v. Sulaiman K.K

Kerala HC10 Jul 2018Crl.MC/4066/2018

Case brief

AI extract

What is this about?

In a petition under Section 482 Cr.P.C., the High Court quashed criminal proceedings where the accused alleged settlement. The court perused the victim's affidavit, found satisfaction regarding the settlement and no impediment, and ordered the quashing of the trial. Material objects were left to the concerned court for disposal. The matter was disposed of via a short order.

What did the court decide?

The proceedings in Crime No. 188 of 2018 on the file of the JFCM Court-I, Thamarassery are quashed. Material objects may be disposed of by the concerned court.

Basheer Vs Sulaiman K.K — 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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TUESDAY, THE 10TH DAY OF JULY 2018 / 19TH ASHADHA, 1940

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Crl.MC.No. 4066 of 2018

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CRIME NO. 188/2018 OF KODUVALLY POLICE STATION ,KOZHIKODE ---------

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PETITIONER(S)/ACCUSED

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BASHEER, AGED 40 YEARS, S/O.MUHAMMED, PAYADI PERUMBIL, THIRUVAMBADI P.O., THAMARASSERY P.O., KOZHIKODE DISTRICT.

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BY ADV.SRI.SHEJI P.ABRAHAM

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RESPONDENT(S)/RESPONDENTS:

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1. SULAIMAN K.K.,

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AGED 43 YEARS, S/O.IMBICHIMAMMU HAJI, VALIYAPARAMBATH HOUSE, PANNIKOTTU P.O., KOZHIKODE DISTRICT-673 554.

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2. STATE OF KERALA,

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

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R1 BY ADV. SRI.RAJU V.MATHEW

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R2 BY SENIOR PUBLIC PROSECUTOR SRI.C.S.HRITHWIK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 4066 of 2018 ()

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APPENDIX

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PETITIONER(S)'ANNEXURES

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ANNEXURE A1 TRUE COPY OF THE CHARGE SHEET SUBMITTED BY THE S.I.POLICE BEFORE THE JFCM I, THAMARASSERY.

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ANNEXURE A2 TRUE COPY OF THE AFFIDAVIT OF THE 1ST RESPONDENT.

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RESPONDENT(S)'ANNEXURES - NIL

/TRUE COPY/

PS TO JUDGE

12.07.2018

K.ABRAHAM MATHEW J.

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Crl.M.C. NO.4066 of 2018

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Dated this the 10^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 Crime No.188 of 2018 on the file of

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the JFCM Court-I, Thamarassery. He is alleged to have committed the offences under Sections 308, 324, 341 and 506 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 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 Crime No.188 of 2018 on the file of the JFCM Court-I, Thamarassery 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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Basheer v. Sulaiman K.K

Case brief

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Basheer v. Sulaiman K.K

Case brief

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