Allowed

Ibrahim v. State of Kerala

Kerala HC23 Feb 2022Crl.MC/780/2021

Case brief

AI extract

What is this about?

The High Court of Kerala quashed criminal proceedings against seven accused persons for offences related to restrained movement and mischief. The court allowed the petition under Section 482 Cr.P.C. based on a documented settlement reached by the complainant, noting no public interest was implicated.

What did the court decide?

Proceedings in C.C.No.78 of 2018 in the Judicial First Class Magistrate Court-II, Perinthalmanna are quashed and the petitioners stand exonerated.

Ibrahim Vs State of Kerala — Cheque Dishonour | 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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WEDNESDAY, THE 23^RD DAY OF FEBRUARY 2022 / 4TH PHALGUNA, 1943

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CRL.MC NO. 780 OF 2021

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[C.C.No.78 of 2018 of the Judicial First Class Magistrate Court-II, Perinthalmanna which arose from Crime No.198/2017 of Pandikkad Police Station]

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PETITIONERS/ACCUSED:

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1 IBRAHIM AGED 52 YEARS S/O MOHAMMED, MOOTHALI HOUSE, THEKKUMBADU, KADAMBODE, PANTHALLUR, MALAPPURAM-676526. 2 RAFEEK AGED 42 YEARS S/O MOHAMMED, MARANKUNNAN HOUSE, THEKKUMBADU, KADAMBODE, PANTHALLUR, MALAPPURAM-676526. 3 NAWAF AGED 25 YEARS S/O ABDU RAHMAN, KATHODI HOUSE, THEKKUMBADU, KADAMBODE, MALAPPURAM-676526. 4 MOHAMMED BASITH AGED 26 YEARS S/O MOHAMMED RAFI, MADARAKUNNATHODI HOUSE, THEKKUMBADU, KADAMBODE, PANTHALLUR, MALAPPURAM-676526. 5 JISHNU AGED 26 YEARS S/O SASI, PALAKKAPARAMBIL HOUSE, THEKKUMBADU, KADAMBODE, MALAPPURAM-676526. 6 SAMEER M K AGED 42 YEARS S/O ABOOBACKER, MADARIKKAKATHODI HOUSE, THEKKUMBADU, KADAMBODE, PANTHALLUR, MALAPPURAM-676526. 7 MOHAMMED RIYAS AGED 38 YEARS S/O MOHAMMED, NECHIKKADAN HOUSE, THEKKUMBADU, PANTHALLUR, MALAPPURAM-676526. BY ADV MANSOOR.B.H.

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Crl.M.C.No.780 of 2021

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:-2-:

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RESPONDENTS/STATE & DE FACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2 STATION HOUSE OFFICER, PANDIKKAD POLICE STATION, MALAPPURAM DISTRICT676521.

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3 ABDUL HAQUE, AGED 23 YEARS S/O MARAKKAR, KIZHAKKUMPARAMBAN HOUSE, KIDANGAYAM, PANTHALLUR P O, MALAPPRAM-676521. BY ADV B.H.ANSIL

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OTHER PRESENT:

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SR.PP - SMT. SREEJA V.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.780 of 2021

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:-3-:

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O R D E R

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Petitioners are the accused in C.C.No.78 of 2018 of the

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Judicial First Class Magistrate Court-II, Perinthalmanna which arose from Crime No.198/2017 of Pandikkad Police Station. The crime was registered on 11/10/2017 alleging offences under Sections 143,147,148,341,427 and 149 IPC. The allegation against the accused persons, seven in number, is that on 17.4.2017 at 19.30 hours, while a procession of Muslim League was moving on, the de facto complainant was travelling behind the procession in his car. Then the accused persons formed an unlawful assembly and in prosecution of their common object, due to enmity wrongfully restrained the de facto complainant/the third respondent and all of them committed acts of mischief by damaging the car and causing him a loss of Rs.25,000/-. Thus the final report was laid alleging the above said offences. The petitioners have now approached this Court under Section 482 Cr.P.C. for quashing the proceedings on the ground of settlement.

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Crl.M.C.No.780 of 2021

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:-4-:

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I heard the learned counsel for the petitioners and also

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the learned Senior Public Prosecutor, who has confirmed the settlement reached with the third respondent.

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Annexure D affidavit of the third respondent states that

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the matter is settled and he does not have subsisting grievance against the petitioners. In the light of the same and in the absence of any public interest in the matter, entire proceedings in C.C.No.78 of 2018 of the Judicial First Class Magistrate Court-II, Perinthalmanna are quashed and the petitiners shall stand exonerated.

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Crl.M.C. is allowed as above.

sd/-

K.HARIPAL, Judge

MBS/

Crl.M.C.No.780 of 2021

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:-5-:

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APPENDIX OF CRL.MC 780/2021

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PETITIONER ANNEXURES ANNEXURE-A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.198/2017 OF PANDIKKAD POLICE STATION. ANNEXURE-B AFFIDAVIT OF THIRD RESPONDENT.

Ibrahim v. State of Kerala

Case brief

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Ibrahim v. State of Kerala

Case brief

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