Allowed

Noushad, v. State of Kerala

Kerala HC16 Dec 2021Crl.MC/3666/2021

Case brief

AI extract

What is this about?

The High Court of Kerala quashed criminal proceedings (C.C. No. 1352/2020) pending before the Magistrate Court against three accused persons. The court allowed the petition under Section 482 CrPC based on a settlement reached between the parties regarding the alleged offences of trespass, intimidation, and manhandling.

What did the court decide?

Entire proceedings in C.C. No. 1352/2020 pending before the Judicial First Class Magistrate Court, Kadakkal are quashed and the petitioners are exonerated.

Noushad, Vs State of Kerala — Quashing and FIR | Kerala HC (2021)

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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.HARIPAL

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THURSDAY, THE 16TH DAY OF DECEMBER 2021 / 25TH AGRAHAYANA, 1943

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CRL.MC NO. 3666 OF 2021

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CRIME NO. 64/2021 OF VALAVUPACHA (CHITHARA) POLICE STATION, KOLLAM

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PETITIONERS/ACCUSED 1 TO 3:

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1NOUSHAD,
AGED 51 YEARS
CALLIMUKKU,
VALAVUPACHA,
KOLLAM DISTRICT

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2NOUFAL,
AGED 31 YEARS
CALLIMUKKU,
VALAVUPACHA,
KOLLAM DISTRICT

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3FAISAL,
AGED 36 YEARS
CALLIMUKKU, VALAVUPACHA,
KOLLAM DISTRICT

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BY ADV. K.K.VINOD

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RESPONDENTS/STATE & DE-FACTO COMPLAINANT:

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

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2HUSSAIN,
AGED 53 YEARS
S/O. MUHAMMED KUNJU,
PERSIAN BANGLAWVE,
CALLIMUKKU, KOLLAYIL P.O.,
CHITHARA VILLAGE,
KOTTARAKKARA TALUK,
KOLLAM DISTRICT 691 541.

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R1 BY SRI. T.R. RENJITH, SENIOR PUBLIC PROSECUTOR
R2 BY ADV. S.R.SREEJITH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.12.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.3666 OF 2021 2

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ORDER

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Petitioners are the accused in Crime No. 64/2021 of

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Valavupacha (Chithara) police station, registered on 21.03.2021 alleging offence under Sections 341, 323, 506 read with 34 of the Indian Penal Code. Now the case is pending before the Judicial First Class Magistrate, Kadakkal as C.C. No. 1352/2020. The crime was registered based on an incident that happened on 01.11.2020. It is alleged that on 01.11.2020 at 12 noon, the accused persons had trespassed upon the shop of the defacto complainant, the second respondent and then intimidated and manhandled him. Thus, the above said offences are alleged against them. The petitioners have moved this Court under Section 482 of the Code of Criminal Procedure for quashing the proceedings on the ground of settlement of the disputes.

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Heard the learned counsel for the petitioners and also the learned Senior Public Prosecutor. The learned Senior Public Prosecutor has also confirmed the settlement reached between the parties.

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Crl.M.C.No.3666 OF 2021 3

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Moreover, the injured/second respondent has filed Annexure A2 affidavit stating that the matter is settled. It has also been submitted that this is the counter case of Crime No. 2704/2020 of Kadakkal police station. In fact, the second respondent is the first petitioner in Crl.M.C. No. 3657/2021, which was filed seeking to quash the proceedings in Crime No. 2704/2020. Both cases are settled. In the light of the clear statement of the second respondent, entire proceedings in C.C.No. 1352/2020 pending before the Judicial First Class Magistrate Court, Kadakkal are quashed and the petitioners shall stand exonerated.

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The Crl.M.C. is allowed as above.

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K.HARIPAL

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 JUDGE

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DCS/16.12.2021

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Crl.M.C.No.3666 OF 2021 4

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The “C.C. No. 1352/2020” occurring in the 5^th line of the first paragraph and in the 8^th line of 3^rd paragraph of the final order dated 16.12.2021 in Crl.M.C.No.3666/2021 stands corrected and substituted as “C.C. No. 1291/2021” as per order dated 27.06.2022 in Crl.M.A. No. 1/2022 in Crl.M.C. No. 3666/2021.

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Sd/-

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Deputy Registrar

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Crl.M.C.No.3666 OF 2021 5

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APPENDIX

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PETITIONER'S ANNEXURE

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ANNEXURE A1

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CERTIFIED COPY OF THE FIRST INFORMATION
REPROT IN CRIME NO. 64/2021 OF VALAVUAPCHA
(CHITHARA) POLICE STATION, KOLLAM DISTRICT.

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ANNEXURE A2

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ORIGINAL AFFIDAVIT SWORN BY THE SECOND
RESPONDENT DATED 29.7.2021.

Noushad, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Noushad, v. State of Kerala

Case brief

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What did the court decide?

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