Allowed

Shamseer v. State of Kerala

Kerala HC18 Dec 2018Crl.MC/6432/2018

Case brief

AI extract

What is this about?

The High Court at Ernakulam allowed a criminal miscellaneous petition filed under Section 482 Cr.P.C. by accused persons seeking to quash criminal trial proceedings for offences under Sections 323 and 341 IPC, citing a private settlement and lack of public interest.

What did the court decide?

Criminal proceedings in C.C.No.570 of 2018 were quashed; trial court directed to dispose of material objects if any.

Shamseer Vs 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 K.ABRAHAM MATHEW

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TUESDAY ,THE 18TH DAY OF DECEMBER 2018 / 27TH AGRAHAYANA, 1940

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Crl.MC.No. 6432 of 2018

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IN LP 58/2008 of JUDICIAL MAGISTRATE OF FIRST CLASS-II, PERINTHALMANNA

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CRIME NO. 485/2004 OF Perinthalmanna Police Station , Malappuram

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PETITIONERS/ACCUSED :

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1 SHAMSEER AGED 38 YEARS S/O HAMZA,

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KALLAMKUNAN HOUSE, PANDALLUR AMSOM, PERINTHALMANNA, MALAPPURAM DISTRICT.

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2 MUHAMMED SHAFI THODENGAL AGED 41 YEARS S/O . ABOOBACKER,

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THODANGAL HOUSE, VALAMBUR AMSOM, PERINTHALMANNA, MALAPPURAM DISTRICT.

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3 MUJEEB PARACHAVITTIL AGED 40 YEARS S/O MUHAMMED,

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PARACHUVATTIL HOSUE, PANDALLUR AMSOM, PERINTHALMANNA, MALAPPURAM DISTRICT.

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4 CHAKKUPARAMBIL SHAMSEER BHAI AGED 37 YEARS S/O ALAVI, CHAKKUPARAMBIL HOUSE, PANDALLUR AMSOM, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. AHAMED FAZIL EC

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RESPONDENTS/STATE & COMPLAINANTS :-

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

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Crl.MC.No. 6432 of 2018

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2 THE SUB INSPECTOR OF POLICE PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT676322.

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3 NOUSHAD ALI S/O KHALID, PANACHIKKAMTHODI HOUSE, ARIPRA, VALAMBUR AMSOM, , PERINTHALMANNA TALUK MALAPPURAM DISTRICT679325.

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R3 BY ADV. SIYAMURSHID K R1 & R2 BY SRI. C.S HRITHWIK SR PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 6432 of 2018

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O R D E R

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Petition filed under section 482 Cr.P.C.

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2. Petitioners are accused in C.C.No.570

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of 2018 on the file of the Judicial Magistrate of First Class-II, Perinthalmanna registered for the offences under Sections 323 & 341 IPC. The third 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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3. Heard the learned counsel for the petitioners and third respondent and the learned Public Prosecutor.

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4. I have perused the affidavit filed by

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the third respondent, who has entered appearance through counsel. I am 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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In the result, this Crl.M.C is allowed.

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Crl.MC.No. 6432 of 2018

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The proceedings in C.C.No.570 of 2018 on the file of the Judicial Magistrate of First Class-II, Perinthalmanna 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/-

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K.ABRAHAM MATHEW, JUDGE

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SMA

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Crl.MC.No. 6432 of 2018

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APPENDIX

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PETITIONER'S/S ANNEXURES :

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ANNEXURE A1 CERTIFIED COPY OF CHARGE SHEET IN CRIME NO.485 OF 2004 OF PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT. ANNEXURE A2 AFFIDAVIT SWORN IN BY 3RD RESPONDENT.

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RESPONDENT(S)' ANNEXURES :- NIL

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//TRUE COPY//

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PA TO JUDGE

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SMA

Shamseer v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shamseer v. State of Kerala

Case brief

What is this about?

What did the court decide?

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