Allowed

Afsal @ Afsar, v. State of Kerala

Kerala HC28 Dec 2018Crl.MC/8961/2018

Case brief

AI extract

What is this about?

The High Court quashed the First Information Report registered for offences of affray, assault and intentional hurt involving students in a campus clash. The court allowed the quashing as the dispute between the petitioners and the second respondent (the victim/complainant) had been amicably settled.

What did the court decide?

Annexure A1 FIR and all further proceedings in Crime No. 775/2018 are quashed.

Afsal @ Afsar, Vs State of Kerala — Cheating and Forgery | 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 V.G.ARUN

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FRIDAY ,THE 28TH DAY OF DECEMBER 2018 / 7TH POUSHA, 1940

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Crl.MC.No. 8961 of 2018

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CRIME NO. 775/2018 OF Perinthalmanna Police Station , Malappuram

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PETITIONER/S:

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1 AFSAL @ AFSAR, AGED 20 YEARS S/O MUHAMMED AKBAR, KODUVAYAKKAL (H), MULLIYAKURISI, PATTIKKADU P.O., MALAPPURAM DISTRICT.-679325.

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2 SREERAG N.P., AGED 20 YEARS S/O MOHANAN N.P., NALLADIPARAMBIL HOUSE, CALICUT ROAD, PERINTHALMANNA, MALAPPURAM DISTRICT-679322.

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3 FAIZAL FIROZ K., AGED 20 YEARS S/O SHEREEF K., KANIYARAVIL HOUSE, POTTACHOLA, MORRKKANAD P.O., MALAPPURAM DISTRICT-679338.

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4 RAJAPPAN @ MUHAMMED RAMIS RAJ P., AGED 21 YEARS

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S/O MOIDEENKUTTY P., PULLOORCHANGATTIL HOUSE, ANGADIPPURAM, MALAPPURAM DISTRICT-679321.

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BY ADV. SRI.P.K.MOHAMED JAMEEL

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RESPONDENT/S:

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

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2 E.K.MOHAMMED SHAROOK, S/O UMMER FAROOK, ERAKKADVATH HOUSE, CHALAKKADU P.O., PERINTHALMANNA, MALAPPURAM DISTRICT-679324, KERALA.

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BY ADV. SRI.K.MUHAMMED SALAHUDHEEN

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PP SRI. C.K. PRASAD

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 8961 of 2018 2

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ORDER

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Petitioners are the accused in Crime No.

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775/18 of the Perinthalmanna Police Station. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324 and 341 r/w 149 of the Indian Penal Code. The crime was registered on 13.11.2018 on the basis of statement given by the 2^nd respondent, while he was admitted at the Moulana Hospital in Perinthalmanna. The petitioners as well as the 2^nd respondent are the students of M.E.S Arts & Science College at Perinthalmanna. It is alleged in Annexure A1 FIR that, on 12.01.2018, the petitioners had assaulted the 2^nd respondent, after taking him outside the college campus, due to the previous enmity towards the 2^nd respondent.

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submits that the issues between the petitioners and the 2^nd respondent have been amicably settled and

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Annexure A2 is the affidavit sworn to by 2^nd

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respondent stating that all the disputes between the

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Crl.MC.No. 8961 of 2018 3

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petitioners and the 2^nd respondent have been settled amicably. Sri.K.Muhammed Salahudheen appears for the 2^nd respondent and vouches that the issues have been settled amicably and that the students have decided to continue their studies in a peaceful manner, without causing any disturbance inside or outside the campus.

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Heard the learned Public Prosecutor also.

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Considering the fact that the petitioners and the 2^nd respondent are studying in the same college and the fact that the issues between the petitioners and the 2^nd respondent have been settled amicably, I am inclined to allow the Crl.M.C. Accordingly, Annexure A1 FIR and all further proceedings in Crime No.775/2018 of the

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Perinthalmanna Police Station are hereby quashed.

Sd/-

V.G.ARUN

JUDGE

hmh

Crl.MC.No. 8961 of 2018 4

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APPENDIX

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PETITIONER'S/S ANNEXURES :-

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ANNEXURE A1 THE TRUE COPY OF THE FIR IN CRIME NO.775/2018 DATED 13.11.2018 ON THE FILES OF THE PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT ANNEXURE A2 ORIGINAL OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 22.12.2018 UNDER TAKING THAT ALL DISPUTES BETWEEN THE PETITIONERS AND DEFACTO COMPLAINANT ARE AMICABLY SETTLED

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RESPONDENT(S)' ANNEXURES :- NIL

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//TRUE COPY//

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PA TO JUDGE

Afsal @ Afsar, v. State of Kerala

Case brief

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Afsal @ Afsar, v. State of Kerala

Case brief

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