Allowed

Ubaid v. Akhil Babu

Kerala HC7 Feb 2018Crl.MC/628/2018

Case brief

AI extract

What is this about?

This Criminal Miscellaneous Petition sought to quash criminal proceedings against accused persons. The High Court found that the matter between the petitioners and the complainant had been amicably settled, evidenced by an affidavit. Consequently, the Court held that no further trial was required and quashed all further proceedings.

What did the court decide?

All further proceedings in S.C.No.449/2016 in the Additional District Court-IV, Kozhikode, against the petitioners were quashed.

Ubaid Vs Akhil Babu — 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 B.KEMAL PASHA

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WEDNESDAY, THE 7TH DAY OF FEBRUARY 2018 / 18TH MAGHA, 1939

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Crl.MC.No. 628 of 2018

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---------------------SC 449/2016 of ADDL. DISTRICT COURT - IV,KOZHIKODE CRIME NO. 225/2015 OF PAYYOLI POLICE STATION, KOZHIKODE DISTRICT

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----------

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PETITIONERS/ACCUSED NO.A2,A5 AND A6 :

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1 UBAID, AGED 24 YRS, S/O. KUNJAMMAD, ELAVANA VEEDU, PERINGOT THAZHE THURAYOOR.

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2 ASIF, AGED 23 YEARS, S/O. ASEES, PAYATTUMANNIL MUNI HOUSE, PAYYOLI ANGADI, THURAYOOR.

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3 MUFEED, AGED 24 YEARS, S/O. KUNHABDULLA, KIZHAKKELEL VEEDU, PAYYOLI ANGADI, THURAYOOR

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BY ADVS.SRI.C.KHALID

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SMT.K.REEHA KHADER

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RESPONDENTS/DEFACTO COMPLAINANT/STATE:

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1. AKHIL BABU, AGED 21 YEARS,S/O. BABU, THAREMMAL HOUSE, PAYYOLI ANGADI, PAYYOLI VILLAGE 673 522

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2. CIRCLE INSPECTOR OF POLICE PAYYOLI POLICE STATION, KOZHIKKODE DISTRICT THROUGH STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN-31

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R1 BY ADV. SRI.P.K.SUBHASH

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R2 BY PUBLIC PROSECUTOR SRI.C.S.HRITWICK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 628 of 2018 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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ANNEXURE NO.1: THE COPY OF THE FIR IN CRIME NO. 225/15 ON 09/04/2015 OF PAYYOLI POLICE STATION IN KOZHIKKODE.

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ANNEXURE NO.2: THE COPY OF THE FINAL REPORT IN CRIME NO. 225/15 AND CHARGE SHEET NO. 677/15 DATED 12/10/15 OF PAYYOLI POLICE STATION, KOZHIKODE DISTRICT

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ANNEXURE NO.3: THE COPY OF THE AFFIDAVIT DATED 05/12/2017.

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RESPONDENT'S ANNEXURES : NIL.

//TRUE COPY//

P.S. TO JUDGE

B. KEMAL PASHA, J.

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................................................................ CRL.M.C. No. 628 of 2018

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............................................................... Dated this the 7^th day of February, 2018

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O R D E R

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Petitioners are accused Nos.A2, A5 and A6 in S.C.No.449/2016 of the Additional District Court-IV, Kozhikode, which has arisen from Crime No.225/2015 of the Payyoli Police Station, Kozhikode, registered for the offences punishable under Sections 143, 147, 148, 323, 324, 308 and 341 read with Section 149 of the Indian Penal Code.

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It seems that the matter has been amicably settled between the petitioners and the defacto complainant, who is the 1^st respondent herein.

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The 1^st respondent has filed Annexure No.3 affidavit affirming that the matter has been amicably settled

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CRL.M.C.No. 628 of 2018

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-: 2 :-

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between him and the petitioners and presently, he has no complaints against the petitioners. The records reveal that there are no sufficient ingredients to invite an offence under Section 308 IPC in the matter.

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Considering the fact that the matter has already been settled amicably between the parties, this Court is satisfied that no purpose would be served in proceeding with the trial of the case. Matters being so, all further proceedings in S.C.No.449/2016 of the Additional District Court-IV, Kozhikode, as against the petitioners, based on Annexure No.2 Final Report in Crime No.225/2015 of the Payyoli Police Station, Kozhikode, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings in S.C.No.449/2016 of the Additional District Court-IV, Kozhikode, as against the petitioners, based on Annexure No.2 Final Report in Crime No.225/2015 of the Payyoli Police Station, Kozhikode, are hereby quashed.

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Sd/-

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B. KEMAL PASHA, JUDGE.

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ul/// True Copy // P.S. to Judge

Ubaid v. Akhil Babu

Case brief

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Ubaid v. Akhil Babu

Case brief

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