Allowed

Siddique 2 Siyad v. Aneesh T.M

Kerala HC10 Dec 2018Crl.MC/4860/2018

Case brief

AI extract

What is this about?

This Criminal Misc. Case under Section 482 Cr.P.C. sought quashing of proceedings against accused petitioners for offences including affray, rioting, and voluntary causing grievous hurt. Since the matter was settled with victims and no public interest was involved, the court allowed the petition and quashed the trial court proceedings.

What did the court decide?

Proceedings in C.C. No. 889 of 2017 registered for various offences were quashed; direction to trial court for disposal of material objects.

Siddique 2 Siyad Vs Aneesh T.M — 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 10TH DAY OF DECEMBER 2018 / 19TH AGRAHAYANA, 1940

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Crl.MC.No. 4860 of 2018

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IN CC 889/2017 of JUDICIAL MAGISTRATE OF FIRST CLASS, VATAKARA CRIME NO. 768/2012 OF Vatagara Police Station , Kozhikode

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PETITIONERS/ACCUSED NO.1 TO 3 :-

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1 SIDDIQUE @ SIYAD S/O.MOOSSA, AGED 31 YEARS, VELIKUNYIL HOUSE,THIRUVALLOOR, P.O, VATAKARA THALUK.

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2 SAJI

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S/O.ABDURAHIMAN, AGED 31 YEARS, KANDIYIL HOUSE, THIRUVALLOOR P.O. VATAKARA THALUK.

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3 AMEEN S/O ABDURAHIMAN AGED 36 YEARS MEETHALEKAMBETH, PUTHIYARATH HOUSE THIRUVALLOOR P.O, VATAKARA THALUK.

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BY ADV. SRI.ZUBAIR PULIKKOOL

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RESPONDENTS/STATE & DEFACTO COMPLAINANT :-

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1 ANEESH T.M S/O.KANNAN, AGED 35 YEARS, THAZHE MADATHIL HOUSE,CHANIYAMKADAVU, THIRUVALLOOR, P.O.VATAKARA THALUK,PIN - 673 101.

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2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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Crl.MC.No. 4860 of 2018

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****3 ADDL. R3 IMPLEADED :

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NIDHIN, S/O.PRABHAKARAN, AGED 28 YEARS, THARAVATTATH HOUSE, CHANIYAMKADAVU, PONMERI P.O., VATAKARA TALUK.

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**** ADDL.R3 IMPLEADED AS PER ORDER DATED 10.12.2018 IN CRL.M.A.NO.01 OF 2018.**

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BY ADVS. SRI.B.MUHAMMED SHAHEEL SRI.B.MUHAMMED SHAHEEL R2 BY SRI ALEX M THOMBRA- PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 4860 of 2018

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ORDER

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Petition filed under section 482 Cr.P.C.

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2. Petitioners are accused in C.C.No. 889

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of 2017 on the file of the Judicial Magistrate of First Class, Vatakara registered for the offences under sections 143, 147, 148, 153A, 294(b), 323, 324 and 326 r/w section 149 IPC. The first and additional respondent 3 are the victims. It is submitted that the matter has been settled and the proceedings in the trial court may be quashed.

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3. Heard the learned counsel for the

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petitioners and the first respondent & additional respondent 3 and the learned Public Prosecutor.

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4. I have perused the affidavits filed by the first respondent and additional respondent 3, who have entered appearance through counsel. I am

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satisfied that the matter has been settled and no public interest is involved in this case. There is no impediment for granting the prayer of the petitioners.

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Crl.MC.No. 4860 of 2018

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In the result, this Crl.M.C is allowed. The proceedings in C.C.No. 889 of 2017 on the file of the Judicial Magistrate of First Class, Vatakara are quashed. If any material objects have been produced in this case, the trial court may pass appropriate orders for their disposal.

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Sd/K.ABRAHAM MATHEW,

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SMA

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Crl.MC.No. 4860 of 2018

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APPENDIX

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PETITIONER'S/S ANNEXURES :-

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ANNEXURE 1: CERTIFIED COPY OF FINAL REPORT, IN CRIM NO.768/2012 OF VATAKARA POLICE STATION

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ANNEXURE 2: SWORN AFFIDAVIT OF 1ST RESPONDENT

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RESPONDENT(S)' ANNEXURES :- NIL

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SMA

Siddique 2 Siyad v. Aneesh T.M

Case brief

What is this about?

What did the court decide?

Siddique 2 Siyad v. Aneesh T.M

Case brief

What is this about?

What did the court decide?

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