Allowed

Kabeer v. State of Kerala

Kerala HC25 Jul 2018Crl.MC/4166/2018

Case brief

AI extract

What is this about?

The High Court of Kerala, invoking jurisdiction under section 482 Cr.P.C., quashed criminal proceedings initiated against eight accused persons. The quashing was based on the interaction of relatives resolving the dispute and the personal nature of the conflict with no public importance.

What did the court decide?

All further proceedings in C.C.No.897 of 2014 of the Judicial First Class Magistrate Court-I, Aluva will stand quashed.

Kabeer 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 SUNIL THOMAS

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WEDNESDAY, THE 25TH DAY OF JULY 2018 / 3RD SRAVANA, 1940

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Crl.MC.No. 4166 of 2018

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AGAINST THE ORDER/JUDGMENT IN CC 897/2014 of J.M.F.C.-I, ALUVA CRIME NO. 1918/2014 OF ALUVA EAST POLICE STATION , ERNAKULAM

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PETITIONER(S)/ACCUSED NO.1 TO 8:

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1 KABEER, AGED 39 YEARS,

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S/O.ABDUL AZEEZ, NEDUNGATIL HOUSE,

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NOCHIMA, ALUVA VILLAGE,

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ERNAKULAM DISTRICT.

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2 BENSILAL, AGED 31 YEARS,

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S/O.SUGATHAN, SUBHADRA BHAVAN,

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NOCHIMA, ALUVA VILLAGE,

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ERNAKULAM DISTRICT.

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3 NOUSHAD, AGED 40 YEARS, S/O.HAMEED, PANAYAPPILLI HOUSE, NOCHIMA, ALUVA VILLAGE, ERNAKULAM DISTRICT.

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4 USMAN, AGED 49 YEARS,

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S/O.ABDU, CHALALYIL HOUSE,

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NOCHIMA, ALUVA VILLAGE,

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ERNAKULAM DISTRICT.

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5 SIYAD, AGED 36 YEARS,

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S/O.KAREEM, KOTTAMOOLA HOUSE,

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NOCHIMA, ALUVA VILLAGE,

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ERNAKULAM DISTRICT.

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6 NAJEEB, AGED 34 YEARS,

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S/O.KAREEM, KOTTAMOOLA HOUSE,

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NOCHIMA, ALUVA VILLAGE,

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ERNAKULAM DISTRICT.

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7 SIYAD, AGED 37 YEARS,

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S/O.HASSAN, KARIPPAYI HOUSE,

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NOCHIMA, ALUVA VILLAGE,

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ERNAKULAM DISTRICT.

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8 RASHEED, AGED 41 YEARS,

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KOCHU MUHAMMED, KODIYAMATTOM HOUSE,

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NOCHIMA, ALUVA VILLAGE,

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ERNAKULAM DISTRICT.

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BY ADV.SRI.SALIM V.S.

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RESPONDENT(S)/COMPLAINANTS::

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1. STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, ALUVA EAST POLICE STATION, ERNAKULAM DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DISTRICT - 682 018.

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2. FATHIMA, AGED 66 YEARS, W/O.ABDULKHADER, MANAKKAD HOUSE, KUNNATHERI, ALUVA WEST VILLAGE, ERNAKULAM DISTRICT.

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3. SHAMITHA, AGED 31 YEARS, W/O.FAIZAL, PALAKKAL HOUSE, NOCHIMA, ALUVA WEST VILLAGE, ERNAKULAM DISTRICT.

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4. ASHRAF, AGED 44 YEARS,

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S/O.ABDULKHADER, MANAKKAD HOUSE, KUNNATHERI, ALUVA WEST VILLAGE,

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ERNAKULAM DISTRICT.

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R2-4 BY ADV. SRI.H.NUJUMUDEEN R2-R4 BY ADV. SMT.K.S.HASEENA R BY PUBLIC PROSECUTOR:SRI T R RENJITH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 4166 of 2018 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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ANNEXURE A1: CERTIFIED COPY OF FIR INCRIME NO.1918/2014 OF ALUVA EAST POLICE STATION.

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ANNEXURE A2: TRUE COPY OF THE FINAL REPORT IN CRIME NO.1918/2014 OF ALUVA EAST POLICE STATION.

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ANNEXURE A3: AFFIDAVIT DULY SIGNED BY THE 2ND RESPONDENT RESPECTIVELY. ANNEXURE A4: AFFIDAVIT DULY SIGNED BY THE 3RD RESPONDENT RESPECTIVELY. ANNEXURE A5: AFFIDAVIT DULY SIGNED BY THE 4TH RESPONDENT RESPECTIVELY.

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RESPONDENTS EXHIBITS:NIL

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True Copy / P A to Judge

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SUNIL THOMAS, J.

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=================

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Crl.M.C.No.4166 of 2018

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=================

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Dated this the 25^th day of July, 2018

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ORDER

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Petitioners herein stand indicted as accused in C.C.No.897 of 2014 of the Judicial First Class Magistrate Court-I, Aluva for offences punishable under sections 143, 147, 448, 323, 294(b), 506(i) and 149 of the Indian Penal Code.

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The crux of the prosecution allegation is that, on 11.05.2014 at 10 p.m, accused trespassed into the house of the defacto complainant, caught hold of the son and daughter of the defacto complainant and assaulted them. There is further allegation that, they caused bodily injuries on them. There is a further allegation that the first accused used a knife to inflict injuries on the forearm of the daughter. Complaint was laid, which resulted in the registration of the crime. After investigation, final report was laid.

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Pending the proceedings, stating that, with the intervention of the elder relatives of both parties, disputes have now been resolved, Crl.M.C is laid.

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Petitioners relied on Annexure-A3 to A5 affidavits affirmed by the respondents 2, 3 and 4. Learned Public Prosecutor, on instructions, submitted that the statement of the defacto

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Crl.M.C.4166/18

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complainant has been recorded. He has asserted the statement of the dispute. There is nothing on record to show that the petitioners are involved in any other crime. The dispute seems to be a purely personal dispute without the involvement of larger questions of public importance. Having considered this, I am inclined to invoke the jurisdiction under section 482 Cr.P.C to quash the criminal proceedings.

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In the result, Crl.M.C is allowed. All further proceedings in C.C.No.897 of 2014 of the Judicial First Class Magistrate Court-I, Aluva will stand quashed.

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Sd/-

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SUNIL THOMAS Judge

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Sbna/25/7/18

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True Copy / P A to Judge

Kabeer v. State of Kerala

Case brief

What is this about?

What did the court decide?

Kabeer v. State of Kerala

Case brief

What is this about?

What did the court decide?

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