Allowed

Mohammed Muvad v. the Station House Officer

Kerala HC5 Mar 2020Crl.MC/584/2020

Case brief

AI extract

What is this about?

The Kerala High Court quashed criminal proceedings against the petitioner, 4th accused, in a murder and assault matter. Relying on settlement by the victim and the absence of grievous injury, the court discharged the accused under Section 482 Cr.P.C.

What did the court decide?

The criminal miscellaneous case is allowed; proceedings in the pending case against the petitioner are quashed, and the accused is discharged.

Mohammed Muvad Vs the Station House Officer — Cheque Dishonour | 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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THURSDAY, THE 05TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941

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Crl.MC.No.584 OF 2020(C)

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AGAINST THE ORDER/JUDGMENT IN CP 151/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,KASARAGOD

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CRIME NO.766/2016 OF Kasaragod Police Station , Kasargod

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PETITIONER/ACCUSED NO.4:

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MOHAMMED MUVAD, AGED 27 YEARS S/O MUHAMMED, NEAR UMA NURSING HOME, CHOORI, KASABA GRAMAM, KASARAGODE.

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BY ADVS. SRI.T.G.RAJENDRAN SRI.T.R.TARIN SRI.V.A.VINOD

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RESPONDENTS/STATE AND COMPLAINANT:

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1 THE STATION HOUSE OFFICER, KASARAGODE POLICE STATION, KASARAGOD DISTRICT - 671 001.

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2 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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3 ABDUL MANSOOR, AGED 28 YEARS, S/O SIDDIQUE, P.A. MOHAMED HOUSE, FIRDOUSE NAGAR, NELLIKUNNU BEACH, KASABA VILLAGE, KASARAGODE - 671 001.

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R1-2 BY SR.RAMESH CHAND- P P R3 BY ADV. CIBI THOMAS

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.584 OF 2020

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ORDER

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Dated this the 5th day of March 2020

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The petitioner is the 4^th accused in

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Crime No.766/2016 of Kasaragode Police Station which is taken on the files of the Judicial First Class Magistrate Court-I, Kasaragode, as

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C.P.No.151/2019, for having allegedly committed offences punishable under Sections

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341,452,323,324 and 308 of the I.P.C.

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The only injured/defacto complainant is

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the 3^rd respondent, who has appeared and filed

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affidavit to the effect that the matter has been amicably settled with the petitioner and that he has no objection in quashing the proceedings as against the petitioner. A report has also been obtained to that effect from the Investigating Officer through the Public Prosecutor. The

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petitioner does not have any criminal antecedents. There is no public interest

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Crl.MC.No.584 OF 2020

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involved. Injury sustained is not grievous.

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In the result, the Crl.M.C. is allowed and the entire proceedings as against the petitioner in Crime No.766/2016 of Kasaragode Police Station, presently pending as C.P.No.151/2019, on the files of the Judicial First Class Magistrate Court-I, Kasaragode, stands quashed under Section 482 Cr.P.C. and the

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accused is discharged.

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Sd/-

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ASHOK MENON JUDGE

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SSK/05-03-2020

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Crl.MC.No.584 OF 2020

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE I	TRUE COPY OF THE	FIRST INFORMATION REPORT
	IN CR. NO.766/2 STATION.	016 OF KASARAGODE POLICE
ANNEXURE II	TRUE COPY OF THE	FINAL REPORT
ANNEXURE III	TRUE AFFIDAVIT RESPONDENT DATED	SWORN IN BY THE 3RD 10.1.2020.

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RESPONDENT'S EXHIBITS:NIL

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SSK //TRUE COPY// PA TO JUDGE

Mohammed Muvad v. the Station House Officer

Case brief

What is this about?

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Mohammed Muvad v. the Station House Officer

Case brief

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What did the court decide?

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