Allowed

Ummer Koya v. Iqrahan Khan

Kerala HC3 Jan 2019Crl.MC/4/2019

Case brief

AI extract

What is this about?

In this criminal miscellaneous petition filed by six accused persons seeking quashing of criminal proceedings under Section 482 CrPC, the High Court of Kerala held that since the matter was settled with no public interest involved and no impediment existed, the impugned proceedings in Crime No. 653 of 2018 were quashed.

What did the court decide?

The proceedings in Crime No. 653 of 2018 of Thamarassery Police Station are quashed with directions to the trial court for disposal of any material objects produced.

Ummer Koya Vs Iqrahan Khan — 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. 4 of 2019

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CRIME NO. 653/2018 OF Thamarassery Police Station , Kozhikode

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PETITIONERS/ACCUSED NOS.1TO 6 :-

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1 UMMER KOYA

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AGED 45 YEARS S/O. AHATTAJI, KALLIDAMBIL HOUSE, ADIVARAM P.O, KOZHIKODE DISTRICT.

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2 YASHIQUE(ASHIQUE) AGED 27 YEARS S/O. MUHAMMED, PALLIYALIL HOUSE, ADIVARAM P.O, KOZHIKODE DISTRICT

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3 MUHAMMED FAYIS, AGED 21 YEARS S/O. MUSTHAFA, KIZHAKKEKANDIYIL HOUSE, NEERAMTHODU P.O, KOZHIKODE DISTRICT.

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4 AHAMMEDKUTTY, AGED 50 YEARS S/O. ASSAINAR, NEROMBARA HOUSE, THACHAMPOYIL P.O, KOZHIKODE DISTRICT.

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5 SAHIR, AGED 23 YEARS S/O. AHAMMEDKUTTY, NEROMBARA HOUSE, THACHAMPOYIL P.O, KOZHIKODE DISTRICT.

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6 MUSTHAFA, AGED 34 YEARS S/O. MUHAMMED, PALLIYALIL HOUSE, ADIVARAM P.O, KOZHIKODE DISTRICT.

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BY ADV. SRI.SUNNY MATHEW

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Crl.MC.No. 4 of 2019

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RESPONDENTS/STATE & COMPLAINANT :-

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1 IQRAHAN KHAN AGED 19 YEARS S/O. BAPU BABU KHAN,RESIDING AT ROOM NO. 144, TARA ILLA, AIROLI, MAHARASHTRA STATE.

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2 THE SUB INSPECTOR OF POLICE, THAMARASSERY POLICE STATION, KOZHIKODE DISTRICT.

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3 STATE OF KERALA, (RESPONDENTS 2 AND 3 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM) BY ADV. SRI.S.R.SREEJITH R2 & R3 BY SRI C S HRITHWIK-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. 4 of 2019

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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 the accused in Crime

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No.653 of 2018 of Thamarassery Police Station registered for the offences under sections 143, 147, 148, 323, 324 and 341 r/w section 149 IPC. The first 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

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petitioners and first respondent and the learned

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Public Prosecutor.

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4. I have perused the affidavit filed by

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the first respondent, who has entered appearance through counsel. I am satisfied that the matter has been settled and no public interest is involved in

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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. The proceedings in Crime No.653 of 2018 of Thamarassery

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Crl.MC.No. 4 of 2019

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Police Station 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. 4 of 2019

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APPENDIX

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PETITIONER'S/S ANNEXURES :-

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ANNEXURE A1 A TRUE COPY OF FI STATEMENT AND FIR IN CRIME NO. 653/2018 OF THAMARASSERY POLICE STATION, KOZHIKODE

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ANNEXURE A2 TRUE COPY OF THE AFFIDAVIT SWORN TO BY 1ST 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

Ummer Koya v. Iqrahan Khan

Case brief

What is this about?

What did the court decide?

Ummer Koya v. Iqrahan Khan

Case brief

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What did the court decide?

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