Allowed

Ammad v, v. State of Kerala

Kerala HC3 Dec 2021Crl.MC/4056/2021

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition filed under Section 482 CrPC, the High Court of Kerala quashed proceedings in C.P. No. 49 of 2021. The Court held that since a clear settlement was reached between the accuseds and the injured parties who are relatives, there was no ground to continue the trial, and the accuseds were exonerated.

What did the court decide?

Entire proceedings in C.P. No. 49 of 2021 are quashed and petitioners are exonerated.

Ammad v, Vs State of Kerala — Cheque Dishonour | 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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FRIDAY, THE 3^RD DAY OF DECEMBER 2021 / 12TH AGRAHAYANA, 1943

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CRL.MC NO. 4056 OF 2021

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(CRIME NO. 98/2021 OF VATAKARA POLICE STATION, KOZHIKODE DISTRICT)

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AGAINST THE ORDER/JUDGMENT IN CP 49/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,

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VADAKARA

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PETITIONERS/ACCUSED NO. 1 TO 2:

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1 AMMAD V, AGED 51 YEARS S/O. IBRAYI, VALIYANDI VEEDU (H), MANTHARATHUR P.O, KOZHIKODE DISTRICT, PIN CODE-673 541

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2 RASHID ABDULLA, AGED 26 YEARS

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S/O. KUNJABDULLAH, PADIVATTATH THAZHEKUNI (H), MUYIPPOTH P.O, THEKKUMURI, KOZHIKODE DISTRICT, PIN CODE-673 524 BY ADV K.REEHA KHADER

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RESPONDENTS/STATE/DE FACTO COMPLAINANT & INJURED:

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

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2 SHAMSEER S/O KUNHABDULLA, AGED 31 YEARS, THUMBOLIMEETHAL (H), MANDARATHUR P. O., MANIYUR VILLLAGE VATAKARA, KOZHIKODE DISTRICT, PINCODE 673523

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3 SHAMNAD,

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AGED 24 YEARS S/O. KUNJABDULLAH, THUMBOLIMEETHAL VEEDU (H), MANTHARATHUR (P.O) KOZHIKODE, 673 541.

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BY ADV MOHAMMED ASLAM P.S

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OTHER PRESENT:

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PP - SRI. M.C.ASHI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.12.2021, THE COURT ON

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THE SAME DAY PASSED THE FOLLOWING:

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Crl. M.C. No. 4056 of 2021

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ORDER

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Petitioners are the accused in C.P. No. 49 of 2021 pending

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before the Judicial First Class Magistrate's Court, Vatakara which arises from the final report in Crime No. 98 of 2021 of Vatakara police station. That crime was registered on the strength of the First Information Statement given by CW1 in the final report, who is the 2nd respondent alleging offence punishable under Sections 341, 323, 324, 308 read with Section 34 of the IPC.

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2. The alleged incident had happened on 07.02.2021 at 15.30 hours. It is alleged that the accused persons, two in number, in furtherance of their common intention, wrongfully restrained CWs 1 and 2 and the 1 st accused attacked the 2 nd respondent; when the 3 rd respondent had tried to resist him, the 2 nd accused assaulted him with an iron chain (Nanjakku) on his head and when he fell down, he again tried to attack him with the Nanjakku; when if that attack was not evaded, the injury would have turned fatal. The 1 st accused also attacked CW1 with an iron pipe and stone, they also manhandled both CWs1 and 2. Now the matter is pending

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Crl. M.C. No. 4056 of 2021

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committal before the Court.

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2. The petitioners have moved this Court under Section 482 of the Cr.P.C. for quashing the proceedings on the premise of settlement reached with CWs 1 and 2 who are respondents 2 and 3 respectively. In support of the contention, Annexure-A3 and A4 affidavits also have been filed, which clearly indicate that the matter is settled and they are not interested in continuing the proceedings. It is also evident that the parties are relatives and the incident had happened out of some family dispute.

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3. The learned counsel for the petitioner has also submitted that there was a counter case as Crime No. 99 of 20021 of Vatakara police station, that by order of this Court in Crl. M.C. No. 5151 of 2021, that proceedings stands quashed.

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4. It seems that it was a composite settlement of two cases between the parties. In view of the clear statements of respondents 2 and 3 who are the injured, there is no point in continuing the proceedings. Entire proceedings in C.P. No. 49 of 2021 pending

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Crl. M.C. No. 4056 of 2021

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before the Judicial First Class Magistrate's Court, Vatakara are

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quashed and the petitioners shall stand exonerated.

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The Criminal Miscellaneous Case is allowed as above.

Sd/-

K. HARIPAL

JUDGE

RMV/03/12/21

Crl. M.C. No. 4056 of 2021

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APPENDIX OF CRL.MC 4056/2021

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PETITIONER ANNEXURE Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 98/21 OF VATAKARA POLICE STATION, KOZHIKODE DISTRICT, PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, VATAKARA, CP NO. 49/21. Annexure A2 CERTIFIED COPY OF THE FIR AND FIS IN CRIME NO. 98/2021 OF VATKARA POLICE STATION, KOZHIKODE DISTRICT. Annexure A3 TRUE COPY OF THE AFFIDAVIT. Annexure A4 TRUE COPY OF THE AFFIDAVIT.

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TRUE COPY

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P.A.TO JUDGE

Ammad v, v. State of Kerala

Case brief

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Ammad v, v. State of Kerala

Case brief

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