Allowed

Safeer A.T v. the State of Kerala

Kerala HC2 Mar 2020Crl.MC/652/2020

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition, the High Court of Kerala allowed the plea and quashed the criminal proceedings dated 2nd March 2020. The court noted amicable settlement by injured parties, no public interest, and lack of criminal antecedents.

What did the court decide?

Crl.M.C. allowed; entire proceedings in C.C.No.30/2016 quashed under Section 482 of Cr.P.C.; petitioner discharged.

Safeer A.T Vs the 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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MONDAY, THE 02ND DAY OF MARCH 2020 / 12TH PHALGUNA, 1941

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Crl.MC.No.652 OF 2020(B)

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AGAINST THE ORDER/JUDGMENT IN CC 30/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS-V,KOZHIKODE

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CRIME NO.938/2015 OF Feroke Police Station, Kozhikode

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PETITIONER/ACCUSED:

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SAFEER A.T., AGED 29 YEARS, S/O KAMMUTTY, CHEERA HOUSE, CHERUVADI POST, KODIYATHUR, KOZHIKODE-673 661.

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BY ADV. SRI.P.C.MUHAMMED NOUSHIQ

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RESPONDENTS/STATE – COMPLAINANT & VICTIMS:

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1 THE STATE OF KERALA

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

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2 SUB INSPECTOR OF POLICE FEROKE POLICE STATION, KOZHIKODE DISTRICT.

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3 AHMED KUTTY AGED 49 YEARS, S/O MOOSA, ELLEDATH HOUSE, PULIYAKODE P.O. MALAPPURAM DISTRICT, PIN-673 641.

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4 AYUB C.C, AGED 43 YEARS, S/O MUHAMMED ALI, THALI KUYI HOUSE, PULIYAKODE P.O., MALAPPURAM DISTRICT, PIN-673 641.

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R1 BY SRI RAMESH CHAND, PP R3-R4 BY ADV. K.M.FIROZ

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OTHER PRESENT:

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.652 of 2020

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O R D E R

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Dated this the 2nd day of March 2020

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The petitioner is the sole accused in

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C.C.No.30/2016 on the files of the Judicial First

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Class Magistrate Court-V, Kozhikode, for having allegedly committed the offences punishable under Sections 323, 324, 448 and 427 of I.P.C. The defacto

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complainant-injured are respondents 3 and 4 herein, who have appeared through a Counsel and have filed affidavits at stating that the matter has been amicably settled and that they have no existing grievance against the petitioner. A report has been filed by the investigating officer through the Senior Public Prosecutor to that effect. The petitioner

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does not have any criminal antecedents and no public interest is involved.

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

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entire proceedings as against the petitioner in

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C.C.No.30/2016 on the files of the Judicial First

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Crl.M.C.No.652 of 2020

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Class Magistrate Court-V, Kozhikode, stands quashed under Section 482 of Cr.P.C. and the petitioner is

discharged.

Sd/-

dkr

ASHOK MENON

JUDGE

Crl.M.C.No.652 of 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1	COPY OF C	HARGE SHEET IN CRIME NO 20 OF 2018
	OF MUKKOM	POLICE STATION, KOZHIKODE
ANNEXURE A2	COPY OF M 20 OF 2 KOZHIKODE	EMORANDUM OF EVIDENCE IN CRIME NO 018 OF MUKKOM POLICE STATION,
ANNEXURE A3	AFFIDAVIT	SWORN IN BY 3RD RESPONDENT
ANNEXURE A4	AFFIDAVIT	SWORN IN BY 4TH RESPONDENT

Safeer A.T v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Safeer A.T v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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