Allowed

Shihabudheen v. State of Kerala

Kerala HC11 Jun 2024Crl.MC/9314/2023

Case brief

AI extract

What is this about?

Quashing petition by accused Nos.1 and 2 in a 2015 FIR case alleging offences under Sections 448, 506(2), 427, 294(b)/34 IPC. The parties had amicably settled, with the de facto complainant filing an affidavit consenting to quashing, confirmed by the Public Prosecutor. The High Court allowed the petition and quashed the FIR and pending C.C.

What did the court decide?

Annexure A FIR in Crime No.1226/2015, pending as C.C.No.1607/2015, quashed.

Shihabudheen Vs State of Kerala — Quashing and FIR | Kerala HC (2024)

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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 A. BADHARUDEEN

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TUESDAY, THE 11^TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946

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CRL.MC NO. 9314 OF 2023

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CRIME NO.1226/2015 OF THIRURANGADI POLICE STATION, MALAPPURAM

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AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1607 OF 2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS , PARAPPANANGADI

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PETITIONERS/ACCUSED NOS.1 AND 2:

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1 SHIHABUDHEEN AGED 33 YEARS S/O, PUKAYOOR, AR NAGAR, TIRURANGADI, MALAPPURAM, KERALA., PIN - 676306

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2 MUHAMMED FIROZ AGED 32 YEARS S/O, ARIKUDAN HOUSE, PUKAYOOR, AR NAGAR, TIRURANGADI, MALAPPURAM, KERALA., PIN - 676306 BY ADVS. NAVANEETH.N.NATH GAUTHAM KRISHNA E.J. ABHIRAMI S.

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RESPONDENTS/PROSECUTION:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 KARADAN MUHAMMED BASHEER AGED 41 YEARS S/O. KUNCHIMUHAMMED, VADERIYIL HOUSE, OLAKARA POST, A R NAGAR, PUKAYOOR, MALAPPURAM., PIN - 676305 BY ADV ABHIRAMI S. SRIRENJIT GEORGE, SR.PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 9314 OF 2023

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O R D E R

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Dated this the 11^th day of June, 2024

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This Criminal Miscellaneous Case has been filed under

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Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure A FIR in Crime No.1226/2015 of Tirurangadi Police Station, now pending as C.C.No.1607/2015 on the files of the Judicial First Class Magistrate Court-I, Parappanangadi. Petitioners herein are accused Nos.1 and 2 in the above case.

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Heard the learned counsel for the petitioners, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor.

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In this matter, offences punishable under Sections 448, 506(2), 427, 294(b) read with Section 34 of IPC are alleged to have been committed by the accused.

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It is submitted that the matter has been amicably settled and the de facto complainant filed affidavit in this regard. The defacto complainant stated in the affidavit that she has no objection in quashing the proceedings against the

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CRL.MC NO. 9314 OF 2023

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petitioners.

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The learned Public Prosecutor also submitted that

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the matter has been settled between the parties and statement of the de facto complainant to that effect has been recorded.

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6. Since the dispute has been settled in between the

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parties, there is no reason to disallow the prayer for quashment, so as to retain them in hazards of litigation. Therefore, in the interest of justice, I am inclined to allow this petition.

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In the result, this petition stands allowed and Annexure A FIR in Crime No.1226/2015 of Tirurangadi Police Station, now pending as C.C.No.1607/2015 on the files of the Judicial First Class Magistrate Court-I, Parappanangadi, stand quashed.

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Sd/-

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A. BADHARUDEEN JUDGE

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nkr

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CRL.MC NO. 9314 OF 2023

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APPENDIX OF CRL.MC 9314/2023

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PETITIONER ANNEXURES

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ANNEXURE A TRUE COPY OF THE FIR IN CRIME NO.1226/2015 OF TIRURANGADI POLICE STATION, MALAPPURAM ANNEXURE B THE CERTIFIED COPY OF THE FINAL REPORT ANNEXURE C TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT/ DEFACTO COMPLAINANT

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RESPONDENTS ANNEXURES : NIL

Shihabudheen v. State of Kerala

Case brief

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Shihabudheen v. State of Kerala

Case brief

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