Allowed

Hisham M v. State of Kerala

Kerala HC28 Oct 2019Crl.MC/5655/2019

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a petition under Section 482 Cr.P.C to quash criminal proceedings. Finding the dispute private in nature and the settlement genuine despite allegations of Attempt to Murder, the Court invoked its inherent powers to quash the entire process against the petitioners.

What did the court decide?

The entire proceedings against the petitioners in the case S.C. No.770/2014 on the file of the Assistant Sessions Court, Payyannur, are hereby quashed.

Hisham M Vs State of Kerala — Criminal Trial and Appeal | 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 R. NARAYANA PISHARADI

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MONDAY, THE 28TH DAY OF OCTOBER 2019 / 6TH KARTHIKA, 1941

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Crl.MC.No.5655 OF 2019(F)

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S.C.NO.770/2014 OF SUB COURT, PAYYANNUR

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CRIME NO.76/2012 OF Payyannur Police Station , Kannur

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PETITIONERS/ACCUSED 1 TO 7:

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1 HISHAM M AGED 30 YEARS S/O.KUNHAYISU,RESIDING AT PALAKKOD, RAMANTHALI AMSOM,KANNUR DISTRICT

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2 K.P.NIZAM, S/O. HAMZA.T.P.-DO-

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3 ASHKAR.O.P., S/O. KHALID,-DO-

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4 RASHEED, S/O.KAREEM,-DO-

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5 JAMAL, S/O. MOOSANKUTTY,-DO-

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6 ASLAM.P.V., S/O. SALAM-DO-

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7 IQBAL.N.P., S/O. HAMZA,-DOBY ADV. SRI.T.V.JAYAKUMAR NAMBOODIRI

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RESPONDENTS/ DE FACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031

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Crl.MC.No.5655 OF 2019(F) 2

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2 MUHAMMED MANSOOR KEETTUKANDY, S/O. MAHAMOOD, KEETUKANDY HOUSE, MADAYI AMSOM DESOM, CHOOTTAD, KANNUR DISTRICT-670 304

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BY ADVS.

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R2 SMT.K.REEHA KHADER SRI C S HRITHWIK-SR PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.5655 OF 2019(F) 3

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O R D E R

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This is a petition filed under Section 482 Cr.P.C for quashing the proceedings against the petitioners in the case S.C. No.770/2014 on the file of the Assistant Sessions Court, Payyannur.

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The petitioners are the accused in the aforesaid case. The offences alleged against them are punishable under Sections 143, 147, 148, 341, 323 324, 308 and 427 r/w 149 IPC. The 2^nd respondent is the victim of the offences allegedly committed by the petitioners. It is submitted that the matter has been settled between him and the petitioners. Therefore, it is prayed that the entire proceedings against the petitioners in the case may be quashed.

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Heard the learned counsel for the petitioners and the 2^nd respondent and also the learned Public Prosecutor.

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I have perused the affidavit filed by the 2^nd respondent, who has entered appearance through counsel. It is stated in the affidavit filed by him that the matter has been settled between him and the petitioners. I am satisfied that the settlement arrived at between the parties is genuine.

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Crl.MC.No.5655 OF 2019(F) 4

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It is true that an offence punishable under Section 308 IPC is alleged against the petitioners. However, such an allegation is made only on the basis that if the stone put by the 5^th petitioner had hit on the head of the de facto complainant, it would have caused injury which in turn would have caused death. Actually no injury on the head of the de facto complainant was caused by the said act allegedly committed by the 5^th petitioner. There is no element of public interest involved in the case. The dispute between the parties is basically private in nature. In these circumstances, I find that this is a fit case in which the power of this Court under Section 482 Cr.P.C can be invoked to quash the proceedings against the petitioners in the case.

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Consequently, the petition is allowed. The entire proceedings against the petitioners in the case S.C. No.770/2014 on the file of the Assistant Sessions Court, Payyannur, are hereby quashed.

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Sd/-

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R. NARAYANA PISHARADI

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JUDGE

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LEK

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Crl.MC.No.5655 OF 2019(F) 5

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPORT IN S.C 770/2014 OF ASSISTANT SESSIONS COURT, PAYYANUR. ANNEXURE A11 THE CERTIFIED COPY OF THE AFFIDACIT DATED 25.04.2019.

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(To be continued in page no.6)

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Crl.MC.No.5655 OF 2019(F) 6

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Crl.MC.5655/2019

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The name of Petitioner No.1 in Crl.MC.5655/2019 will stand corrected as HASHIM.M instead of HISHAM.M.

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The above corrections are carried out by the order dated 28/10/2019 in Crl.MA.2/19 in Crl.MC.5655/2019.

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Sd/-

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ASSISTANT REGISTRAR

Hisham M v. State of Kerala

Case brief

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Hisham M v. State of Kerala

Case brief

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