Allowed

K.M.Aboobakar, v. State of Kerala

Kerala HC3 Jan 2019Crl.MC/17/2019

Case brief

AI extract

What is this about?

The court considered a petition under Section 482 Cr.P.C. seeking quashing of criminal proceedings alleging offences under IPC sections 307, 326, and 506. After verifying that the matter was settled and no public interest was involved, the court allowed the petition and quashed the trial.

What did the court decide?

The Criminal Miscellaneous case is allowed; the proceedings in Crime No.3321 of 2018 of Aluva East Police Station, Ernakulam are quashed.

K.M.Aboobakar, Vs State of Kerala — Quashing and FIR | Kerala HC (2019)

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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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THURSDAY, THE 03RD DAY OF JANUARY 2019 / 13TH POUSHA, 1940

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Crl.MC.No. 17 of 2019

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CRIME NO. 3321/2018 of Aluva Police Station, Ernakulam

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PETITIONERS:

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1 K.M.ABOOBAKAR, AGED 45 YEARS S/O.MUSTAFA, KUPPIYAN HOUSE, CHELAMATTOM KARA, OKKAL P.O., PERUMBAVOOR, ERNAKULAM DISTRICT.

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2 MOHAMMED NISSAR, AGED 35 YEARS S/O.NISSAR, MADATHUPADI HOUSE, PONJASSERY P.O., THANDEKKAD KARA, ERNAKULAM DISTRICT.

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3 MAHIN, AGED 27 YEARS S/O.KAREEM, CHITTETHUKUDY HOUSE, PONJASSERY P.O., THANDEKKAD KARA, PERUMBAVOOR, ERNAKULAM DISTRICT.

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4 MUHAMMED, AGED 30 YEARS S/O.SUBAIR, MUNDAKKAL HOUSE, PONJASSERY P.O., THANDEKKAD KARA, PERUMBAVOOR, ERNAKULAM DISTRICT.

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5 MUBARAK, AGED 35 YEARS S/O.USMAN, PULIMMOOTTIL HOUSE, THYCATTUKARA, KUNNATHERI, ERNAKULAM DISTRICT.

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6 RENEESH C.A., AGED 35 YEARS S/O.ALIYAR, CHIRAKKAKUDY, ALLAPRA P.O., PERUMBAVOOR, ERNAKULAM DISTRICT.

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Crl.MC.No. 17 of 2019 2

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7 SUDHEER U.U., AGED 41 YEARS S/O.USMANKUTTY, URAKAADAN HOUSE, CHELAMATTOM, OKKAL P.O., PERUMBAVOOR, ERNAKULAM DISTRICT.

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BY ADV. SRI.THOMAS J.ANAKKALLUNKAL

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RESPONDENTS:

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

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2 RAFEEQ M.A., AGED 28 YEARS S/O.FAROOK ABDULLA, MANAYATH HOUSE, THOTTUMUKHAM P.O., ALUVA, PIN-683105.

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3 SHAHUL, AGED 24 YEARS S/O.FAROOK ABDULLA, MANAYATH HOUSE, THOTTUMUKHAM P.O., ALUVA, PIN-683105.

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SRI ALEX M THOMBRA- PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 17 of 2019 3

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ORDER

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Petition filed under Section 482 Cr.P.C.

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Petitioners are the accused in Crime No.3321 of 2018 of Aluva East Police Station,

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Ernakulam. They are alleged to have committed

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the offences under Sections 307, 326 and 506

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IPC. Respondents 2 and 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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petitioners and respondents 2 and 3 and the

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learned Public Prosecutor.

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I have perused the affidavits filed by

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the respondents 2 and 3, who have 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

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Crl.MC.No. 17 of 2019 4

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impediment for granting the prayer of the petitioners.

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In the result, this Crl.M.C is allowed. The proceedings in Crime No.3321 of 2018 of Aluva East Police Station, Ernakulam are quashed. If any material objects have been produced in this case, the trial court may pass appropriate orders for their disposal.

Sd/-

K.ABRAHAM MATHEW

JUDGE

MC/03.01.19

Crl.MC.No. 17 of 2019 5

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1	CERTIFIED NO.3321/20	COPY 18 OF	OF THE FIR IN CRIME ALUVA POLICE STATION.
ANNEXURE A2	CERTIFIED NO.3321/20	COPY 18 OF	OF THE FIS IN CRIME ALUVA POLICE STATION.
ANNEXURE A3	AFFIDAVIT RESPONDENT	SWOR /VICTI	N IN BY THE 2ND M.
ANNEXURE A4	AFFIDAVIT RESPONDENT	SWOR /DEFAC	N IN BY THE 3RD TO COMPLAINANT.

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RESPONDENT'S/S EXHIBITS:

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NIL

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(TRUE COPY) PA TO JUDGE

K.M.Aboobakar, v. State of Kerala

Case brief

What is this about?

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K.M.Aboobakar, v. State of Kerala

Case brief

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