Allowed

Shajahan v. State of Kerala

Kerala HC4 Jan 2019Crl.MC/43/2019

Case brief

AI extract

What is this about?

The Court allowed a petition under Section 482 Cr.P.C. filed by accused persons to quash criminal proceedings initiated under Sections 143, 147, 364 and 149 of the IPC. The second respondent (victim) filed an affidavit confirming settlement, and the Court found no public interest in continuing the trial, granting the quash order.

What did the court decide?

Quashing of proceedings in SC No. 784 of 2012 on the file of the Additional Sessions Court-IV, Thrissur.

Shajahan Vs State of Kerala — Cheating and Forgery | 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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FRIDAY, THE 04TH DAY OF JANUARY 2019 / 14TH POUSHA, 1940

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Crl.MC.No. 43 of 2019

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SC 784/2012 OF ADDL. SESSIONS COURT-IV, THRISSUR

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CRIME NO. 591/2012 OF MATHILAKOM POLICE STATION, THRISSUR

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PETITIONER/S:

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1 SHAJAHAN, AGED 42 YEARS S/O ABDHUL KAREEM, KUNNATH HOUSE, PULLUTHU VILLAGE, KOZHIKADA DHESOM, THRISSUR.

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2 SHAMEER, AGED 43 YEARS S/O KHALIDH, MULAKKAMPARAMBIL HOUSE, KOTHAPARAMB, S.N.PURAM VILLAGE, THRISSUR.

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3 NAZEEMUDHEEN, AGED 38 YEARS S/O KHADER, MANNARAPARAMBIL HOUSE, AZHIKOD VILLAGE, MATHILAKAM, THRISSUR.

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4 KUNJIMUHAMMED, AGED 48 YEARS S/O ABOOBACKER, ALLANOOR HOUSE, KAPPAL BAZAR, AZHIKOD VILLAGE, THRISSUR.

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5 SANEER, AGED 35 YEARS, S/O SAIDUMUHAMMED, VAYANATTUPADI HOUSE, PATHIYACHERI DHESOM, S.N.PURAM VILLAGE, THRISSUR.

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BY ADV. SRI.E.A.HARIS

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 68031.

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Crl.MC.No. 43 of 2019

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..2..

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2 SHAFEER S/O ABU, AGED 36 YEARS, MANNOTHUMPARAMBIL VEETTIL, KOTHAPARAMB KARA, LOKAMALLESWARAM VILLAGE, MATHILAKAM, THRISSUR.-680685.

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BY ADV. T.P.ARUN MENON

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OTHER PRESENT: SRI ALEX M THOMBRA SR PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ORDER

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Petition filed under Section 482 Cr.P.C.

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The petitioners are the accused in SC No. 784

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of 2012 on the file of the Additional Sessions Court-IV, Thrissur registered for the offences under Sections 143, 147 & 364 r/w Section 149 of the Indian Penal Code. The second respondent is the victim. It is submitted that the matter has been settled and the proceedings in the criminal case may be quashed.

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Crl.MC.No. 43 of 2019

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..3..

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Heard the learned counsel for the petitioners

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and the second respondent and the learned Public Prosecutor.

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I have perused the affidavit filed by the second respondent, who has entered appearance through counsel. I am satisfied that the allegation of settlement is true and no public interest is involved. There is no impediment for granting the prayer of the petitioners. In the result, this Crl.M.C. is allowed. The proceedings in SC No. 784 of 2012 on the file of the Additional Sessions Court-IV, Thrissur

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are quashed. The trial court may pass appropriate orders for the disposal of the material objects, if any, produced in the case.

Sd/-

K.ABRAHAM MATHEW

JUDGE

Bka/07.01.2019

Crl.MC.No. 43 of 2019

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..4..

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN S.C.NO.784/2012 OF ADDITIONAL DISTRICT AND SESSIONS COURT-IV, THRISSUR.

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ANNEXURE A2 AFFIDAVIT OF THE DEFACTO COMPLAINANT/2ND RESPONDENT.

Shajahan v. State of Kerala

Case brief

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Shajahan v. State of Kerala

Case brief

What is this about?

What did the court decide?

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