Allowed

Dhanjay Sah, v. Musthafa

Kerala HC10 Jan 2019Crl.MC/36/2019

Case brief

AI extract

What is this about?

The High Court of Kerala, Ernakulam allowed a Criminal Miscellaneous Petition filed under Section 482 CrPC by accused persons challenging proceedings under Section 326(A) IPC. After hearing counsel and accepting affidavits of settlement, the court found no public interest involved and quashed the trial court proceedings.

What did the court decide?

Petition allowed; proceedings in S.C.No. 749 of 2018 are quashed.

Dhanjay Sah, Vs Musthafa — 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 10TH DAY OF JANUARY 2019 / 20TH POUSHA, 1940

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Crl.MC.No. 36 of 2019

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IN SC 749/2018 of ADDL. D.C. & SESSIONS COURT - V, PALAKKAD CRIME NO. 919/2018 OF Town North Police Station , Palakkad

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PETITIONERS/ACCUSED NOS.1 TO 4 :-

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1 DHANJAY SAH, AGED 36 YEARS S/O.KAMALESWAR SHA, DHAMA STREET, NEAR HANUMAN MANDIR, ANCHAL RANIKA, ARARIA, BIHAR.

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2 UPENDRA SAH, AGED 22 YEARS S/O.ANANTIL SAH, DHAMA STREET, MADHIYARI, DHAMA, ANCHAL RANIGA, ARARIA, BIHAR.

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3 SURESH SAH, AGED 38 YEARS S/O.BHOLA SAH, WARD NO.1, MATHIYARI, ARARIA, BIHAR.

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4 SASIKUMAR SAH, AGED 30 YEARS S/O.KAMALESWAR SAH, DHAMA STREET, NEAR HANUMAN MANDIR, ANCHAL RANIGA, MATHIYARI, ARARIA, BIHAR.

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BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)

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RESPONDENTS/STATE & DEFACTO COMPLAINANT, CW2 :

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1 MUSTHAFA, AGED 38 YEARS S/O.SAID MUHAMMED, NARUKUTHY, PALAKKAD- 678508.

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Crl.MC.No. 36 of 2019

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2 SUNEER, AGED 27 YEARS S/O.SHUKKOOR, NAVAKKODE, CHARAPPARAMBU, PALAKKAD- 678002.

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

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BY ADV. SRI.UNNI SEBASTIAN KAPPEN R3 BY SRI C S HRITHWIK-SR PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 36 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 accused in S.C.No. 749

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of 2018 on the file of the Additional District and Sessions Judge (Addl.No.V), Palakkad registered for

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the offences under section 326(A) IPC. The first and second respondents 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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3. Heard the learned counsel for the petitioners and respondents 1 and 2 and the learned Public Prosecutor.

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4. I have perused the affidavits filed by the respondents 1 and 2, who have entered appearance through counsel. I am satisfied that the matter has

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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. The

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Crl.MC.No. 36 of 2019

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proceedings in S.C.No. 749 of 2018 on the file of the Additional District and Sessions Judge (Addl.No.V), Palakkad 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. 36 of 2019

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APPENDIX

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PETITIONER'S/S ANNEXURES :-

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ANNEXURE A TRUE COPY OF THE FINAL REPORT IN CRIME NO.919/2018 OF PALAKKAD TOWN NORTH POLICE STATION, PALAKKAD WHICH IS NOW PENDING AS S.C.NO.749 OF 2018 OF THE COURT OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE (ADDL.NO.V), PALAKKAD.

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ANNEXURE B THE AFFIDAVIT SWORN BY THE 1ST RESPONDENT HEREIN EVIDENCING THE AFORESAID FACTUM OF SETTLEMENT.

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ANNEXURE C THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT HEREIN EVIDENCING THE AFORESAID FACTUM OF SETTLEMENT.

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ANNEXURE D TRUE COPY OF THE ORDER IN CRL.M.P.NO.3022/2018 OF THE COURT OF SESSIONS, PALAKKAD DIVISION DATED 12.12.2018.

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ANNEXURE E TRUE COPY OF THE ADHHAR CARD OF THE 1ST PETITIONER.

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ANNEXURE F TRUE COPY OF THE ADHHAR CARD OF THE 2ND PETITIONER.

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ANNEXURE G TRUE COPY OF THE ADHHAR CARD OF THE 3RD PETITIONER.

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ANNEXURE H TRUE COPY OF THE ADHHAR CARD OF THE 4TH PETITIONER.

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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

Dhanjay Sah, v. Musthafa

Case brief

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Dhanjay Sah, v. Musthafa

Case brief

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