Allowed

M.Sajad v. the State of Kerala

Kerala HC25 Jul 2018Crl.MC/4172/2018

Case brief

AI extract

What is this about?

Juveniles challenged criminal proceedings under Section 482 CrPC, alleging dispute settlement. The Court invoked inherent powers to quash pending charges involving assault and rioting, finding the parties settled and no other crimes involved.

What did the court decide?

Criminal Misc. Case allowed; all further proceedings arising from Crime No. 658 of 2016 pending as C.C. No. 15 of 2018 before JJB Kasaragod quashed.

M.Sajad Vs the State of Kerala — Criminal Trial and Appeal | 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. 4172 of 2018

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AGAINST THE ORDER/JUDGMENT IN CC 15/2018 of JUVENILE JUSTICE BOARD, KASARAGOD CRIME NO. 658/2016 OF CHANDERA POLICE STATION , KASARGOD

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PETITIONER(S)/JUVENILES IN CONFLICT WITH LAW:

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1 M.SAJAD,

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S/O.MOHAMMED SADDIK, AGED 18 YEARS,

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RESIDING AT BISMILLA MANZIL,

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BEERICHERY, SOUTH THRIKKARIPUR VILLAGE,

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HOSDURG TALUK, KASARAGOD DISTRICT.

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2 MUHAMMED RAHMATHULLA,

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W/O.RAHMATHULLA, AGED 18 YEARS,

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RESIDING AT SAINABHA MANZIL,

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BEERICHERY, SOUTH THRIKKARIPUR VILLAGE,

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HOSDURG TALUK, KASARAGOD DISTRICT.

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3 UMMER MUKTHAR, S/O.MUHAMMED K.T., AGED 18 YEARS, RESIDING AT THELAPPURATH HOUSE, UDINOOR VILLAGE HOSDURG TALUK, KASARAGOD DISTRICT.

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BY ADVS.SRI.T.MADHU SMT.C.R.SARADAMANI

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RESPONDENT(S)/STATE::

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1. THE STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, CHANDERA POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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2. SYAM PRASAD K.V., AGED 19 YEARS, S/O.K.V. BABU, RESIDING AT KIZHAKKE VEETTIL HOUSE, KOYANKARA, NORTH THRIKKARIPUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT-671315.

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3. NITHIN CHANDRAN K,

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S/O.CHANDRAN K., AGED 19 YEARS,

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RESIDING AT PEKKADAM,

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NORTH THRIKKARIPUR VILLAGE HOSDURG TALUK,

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KASARAGOD DISTRICT - 673 315.

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4. RAHUL RAJ M,

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S/O.RAJU P, AGED 18 YEARS,

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RESIDING AT PUTHIYAPURAYIL HOUSE,

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EDATTUMMAL, NORTH THRIKKARIPUR VILLAGE,

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HOSDURG TALUK, KASARAGOD DISTRICT-671 315.

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5. SUDARSHAN K,

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S/O.RAJAN, AGED 19 YEARS,

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RESIDING AT KUVARATH HOUSE,

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KOYANKARA, NORTH THRIKKARIPUR VILLAGE,

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HOSDURG TALUK, KASARAGOD DISTRICT - 671 315.

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6. JYOTHIR ADITHYA V,

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AGED 18 YEARS, S/O.SUDHAKARAN,

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CLASSIC WOOD ART, EDATTUMMAL,

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NORTH THRIKKARIPUR VILLAGE,

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HOSDURG TALUK, KASARAGOD DISTRICT - 671 315.

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R2-R6 BY ADV. SMT.G.SANGEETHA

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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. 4172 of 2018 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A1: THE TRUE CERTIFIED COPY OF THE FIR IN CRIME NO.149/2014 OF CHANDERA POLICE STATION.

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ANNEXURE A2: THE TRUE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.149/2014 OF CHANDERA POLICE STATION.

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ANNEXURE A3: THE AFFIDAVIT DATED 1.6.2018 SWORN IN BY THE 2ND RESPONDENT. ANNEXURE A4: THE AFFIDAVIT DATED 1.6.2018 SWORN IN BY THE 3RD RESPONDENT. ANNEXURE A5: THE AFFIDAVIT DATED 1.6.2018 SWORN IN BY THE 4TH RESPONDENT. ANNEXURE A6: THE AFFIDAVIT DATED 1.6.2018 SWORN IN BY THE 5TH RESPONDENT. ANNEXURE A7: THE AFFIDAVIT DATED 1.6.2018 SWORN IN BY THE 6TH RESPONDENT.

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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.4172 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 are the accused in Crime No.658 of 2016 of Chandera Police Station now pending as C.C.No.15 of 2018 of the Juvenile Justice Board, Kasaragod for offences punishable under sections 341, 323, 506(ii), 153A r/w 34 of the Indian Penal Code.

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It is alleged by the prosecution that the petitioners herein, on 19.08.2016 at 9 a.m., wrongfully restrained the respondents 2 to 6 and assaulted them with bare hands. Pending the proceedings, parties have approached this Court to quash the proceedings on a premise that the parties have resolved their dispute.

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To substantiate the above, petitioners relied on Annexure-A3 to A7 affidavits affirmed by the respondents 2 to 6. Learned Public Prosecutor, on instructions, submitted that the statements of CWs1 to 6 have been recorded, wherein, they have asserted about the settlement.

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Considering the nature of allegations and the fact that, petitioners are not involved in any other crime, I am inclined to invoke the jurisdiction under section 482 Cr.P.C to give a quietus to the dispute, which has now been settled.

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Crl.M.C.4172/18

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In the result, Crl.M.C is allowed. All further proceedings arising from Crime No.658 of 2016 of Chandera Police Station now pending as C.C.No.15 of 2018 of the Juvenile Justice Board, Kasaragod 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

M.Sajad v. the State of Kerala

Case brief

What is this about?

What did the court decide?

M.Sajad v. the State of Kerala

Case brief

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