Allowed

Jamal.a v. State of Kerala

Kerala HC3 Feb 2022Crl.MC/523/2022

Case brief

AI extract

What is this about?

The court dismissed Criminal Misc. Case No.523 of 2022 filed by accused persons in C.C.No.783/2015 praying for quashing of proceedings. Considering the settlement reached between parties and absence of public interest, the entire proceedings were quashed and petitioners exonerated.

What did the court decide?

Entire proceedings in C.C.No.783/2015 on the file of Judicial First Class Magistrate's Court, Kasaragod are quashed and the petitioners shall stand exonerated.

Jamal.a Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2022)

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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 3^RD DAY OF FEBRUARY 2022 / 14TH MAGHA, 1943

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CRL.MC NO. 523 OF 2022

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IN CC 783/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,KASARAGOD PETITIONERS/ACCUSED NO.1, 3 & 4.:

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1 JAMAL.A AGED 36 YEARS S/O. ABDUHL RAHIMAN, RESIDING AT BALADUKKAM HOUSE, CHENGALA P.O., KASARAGODE 671 542. 2 SHAFEEK.B.A., AGED 32 YEARS S/O. ADAM HAJI, RESIDING AT NISAMUDHEEN MANZIL, CHERKALA P.O., KASARAGODE 671 543. 3 NOUSHAD B.A., AGED 33 YEARS S/O. HABDULLA B., A RESIDING AT BALADUKKAM HOUSE, CHENGALA P.O., KASARAGODE 671 542. BY ADV P.E.SAJAL

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RESPONDENTS/COMPLAINANT AND DEFACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 682 031. 2 BABURAJ, AGED 32 YEARS, S/O. DAMODARAN, RAJIVE COLONY, IRIYANI, MULIYAR VILLAGE, P.O. KASARAGOD 671 542.

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Crl.M.C.No.523 of 2022

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BY ADV S.KABEER

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SR.PP - SRI. HRITHWIK C.S.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.523 of 2022

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ORDER

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Petitioners are the accused in C.C.No.783/2015 on the file of the Judicial First Class Magistrate's Court, Kasaragod, which is a case refiled from C.C.No.26/2011 which in turn arose from the final report in Crime No.325/2010 of Adhur police station. The crime was registered on the First Information furnished by the 2^nd respondent. The charge sheet was laid against the petitioners and two others alleging offence punishable under Sections 143, 147, 148, 452, 341, 323 and 324 read with Section 149 of the IPC.

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The allegation is that on 20.09.2010 at 13:30 hours, accused persons formed an unlawful assembly and in prosecution of their common object and after making preparations, trespassed upon the kitchen of the hotel where the 2^nd respondent was working, dragged him out of the kitchen, wrongfully restrained and assaulted him with a wooden stick and log wood and caused him injuries. The charge sheet, at first, was taken on file as C.C.No.26/2011 and accused Nos.2 and 5 alone faced trial.

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According to the learned counsel for the petitioners

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Crl.M.C.No.523 of 2022

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both of them were found not guilty and acquitted by the court. Case against the petitioners was refiled as C.C.No.783/2015.

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Now the case is settled with the 2^nd respondent/injured and therefore, entire proceedings are sought to be quashed.

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I heard the learned counsel for the petitioners and the learned Senior Public Prosecutor.

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Learned Senior Public Prosecutor has also confirmed

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the settlement reached between the parties. Moreover, Annexure-A3 affidavit of the 2^nd respondent clearly indicates that the dispute is settled and he does not have subsisting grievance against the petitioners.

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Even though a copy of the judgment of acquittal of other accused and wound certificate are not before Court, it is evident that the other two accused have been acquitted after trial and the 2^nd respondent did not suffer serious injuries. No public interest is involved in the case and therefore, in the light of the settlement reached between the parties, entire proceedings in C.C.No.783/2015 on the file of the Judicial First Class

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Crl.M.C.No.523 of 2022

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Magistrate's Court, Kasaragod are quashed and the petitioners

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shall stand exonerated.

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Crl.M.C is allowed as above.

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Sd/- K.HARIPAL JUDGE

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Jms/03.02

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//True Copy// P.A to Judge

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Crl.M.C.No.523 of 2022

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APPENDIX OF CRL.MC 523/2022

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PETITIONER ANNEXURES

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Annexure A1 A TRUE COPY OF THE FIR IN CRIME NO. 325/2010 OF THE ADHUR POLICE STATION. Annexure A2 A TRUE COPY OF THE FINAL REPORT IN CRIME NO. 325/2010 OF THE ADHUR POLICE STATION. Annexure A3 A TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 21/12/2021.

Jamal.a v. State of Kerala

Case brief

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Jamal.a v. State of Kerala

Case brief

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