Allowed

Hadi Abdul Asees, v. State of Kerala

Kerala HC11 Mar 2020Crl.MC/397/2020

Case brief

AI extract

What is this about?

The High Court allowed a criminal miscellaneous petition seeking quashing of proceedings. Finding that the matters were amicably settled by the de facto complainants and respondents, no public interest was involved, and the petitioner had no criminal antecedents, the Court discharged the accused.

What did the court decide?

The criminal proceedings in Crime No.680/2019 were quashed and the petitioner/accused was discharged.

Hadi Abdul Asees, Vs State of Kerala — Quashing and FIR | Kerala HC (2020)

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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 ASHOK MENON

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WEDNESDAY, THE 11TH DAY OF MARCH 2020 / 21ST PHALGUNA, 1941

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Crl.MC.No.397 OF 2020(H)

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CRIME NO.680/2019 OF Mukkom Police Station , Kozhikode

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PETITIONER/ACCUSED:

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HADI ABDUL ASEES, AGED 20 YEARS S/O.ABDULASEES, RESIDING AT KUNNIL HOUSE, KARUVANPOYIL, KODUVALLY, THAMARASSERY TALUK, KOZHIKODE DISTRICT, PIN - 673 572.

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BY ADVS. SRI.J.R.PREM NAVAZ SHRI.SUMEEN S.

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RESPONDENTS/S:

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

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2 DR.ABBAS T.P., AGED 53 YEARS S/O.T.P.CHERIYA AHAMMED KUTTY HAJI, PRINCIPAL, MAMO COLLEGE, MANASSERY, MUKKOM,KOZHIKODE DISTRICT, PIN - 673 602.

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3 P.T.AMEEN MOHAMMED ABDUSSALAM, AGED 48 YEARS S/O.LATE P.T.ABDULLA, RESIDING AT THEKKEYIL HOUSE IN THAZHAKODE AMSOM DESOM AND CHENAMANGALUR DESOM OF KOZHIKODE TALUK, MUKKAM, KOZHIKODE DISTRICT, PIN - 673 602.

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4 BASIL AMEEN P.T., AGED 18 YEARS S/O.P.T.AMEEN MOHAMMED ABDUSSALAM, RESIDING AT THEKKEYIL HOUSE IN THAZHAKODE AMSOM DESOM AND CHENAMANGALLUR DESOM OF KOZHIKODE TALUK, MUKKAM, KOZHIKODE DISTRICT, PIN - 673 602.

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R2-4 BY ADV. AJOY VENU

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OTHER PRESENT:

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SRI.C.S. HRITHWIK SR. PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC 397/2020

O R D E R

Dated this the 11th day of March 2020

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Petitioner is the sole accused in Crime No.680/2019 of Mukkom Police Station for having allegedly committed offences punishable under Sections 341 and 323 of the IPC and under Section 4 of the Kerala Prohibition of Ragging Act, 1998.

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The defacto complainant and the injured are respondents 2 to 4 herein. They have appeared through counsel and filed Annexures-A2 to A4 affidavits to the effect that the matter has been amicably settled with the petitioner and that they do not have any grievance against him. A report to that effect has also been obtained from the investigating officer through the learned Senior Public Prosecutor. The petitioner does not have any criminal antecedents. There is no public interest involved.

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In the result, the Criminal M.C. is allowed and

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Crl.MC 397/2020

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the entire proceedings as against the petitioner herein in Crime No.680/2019 of Mukkom Police Station shall stand quashed under Section 482 Cr.PC and the petitioner/accused is discharged.

Sd/-

ASHOK MENON

JUDGE

Crl.MC 397/2020

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO.680/2019 OF MUKKAM POLICE STATION, KOZHIKODE DISTRICT.

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ANNEXURE A2 THE AFFIDAVIT, SOLEMNLY AFFIRMED BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT. ANNEXURE A3 THE AFFIDAVIT, SOLEMNLY AFFIRMED BY THE 3RD RESPONDENT/VICTIM. ANNEXURE A4 THE AFFIDAVIT, SOLEMNLY AFFIRMED BY THE 4TH RESPONDENT/FATHER OF THE VICTIM.

Hadi Abdul Asees, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Hadi Abdul Asees, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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