Dismissed

Karattuchalil Noushad v. State of Kerala

Kerala HC12 Feb 2014Crl.MC/5612/2013

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a petition seeking to quash a rape FIR. The Court held that since the investigation was in its initial stages and allegations of obtaining consent through inducement existed, the request for quashing could not be accepted at this juncture.

What did the court decide?

The request to quash the FIR in Crime No.717/2013 was not allowed, and the Criminal Miscellaneous case was dismissed.

Karattuchalil Noushad Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2014)

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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 N.K.BALAKRISHNAN

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WEDNESDAY, THE 12TH DAY OF FEBRUARY 2014/23RD MAGHA, 1935

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Crl.MC.No. 5612 of 2013 ()

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CRIME NO.717/2013 OF AREACODE POLICE STATION, MALAPPURAM

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PETITIONER(S)/ACCUSED :-

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KARATTUCHALIL NOUSHAD, AGED 26 YEARS S/O.ABOOBACKER, MAITHRA P.O., THACHANA ARECODE, MALAPPURAM DISTRICT.

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BY ADVS.SRI.P.SAMSUDIN

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SMT.NIMA JACOB

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RESPONDENTS/STATE AND COMPLAINANT :-

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

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ERNAKULAM-682031.(CRIME NO.717/2013 OF ARECODE

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POLICE STATION)

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2. ZEENATH T.T.,, AGED 28 YEARS D/O.ABDUL SAMAD, THOTTINGALTHODI HOUSE, THACHANNA URNGATTIRI, MALAPPURAM DISTRICT-673 639.

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R2 BY ADV. SRI.P.VENUGOPAL

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R1 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12-02-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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jvt

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Crl.MC.No. 5612 of 2013 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS :-

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ANNEXURE-A1: COPY OF FIRST INFORMATION REPORT IN CRIME NO.717/2013 OF ARECOED POLICE STATION.

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ANNEXURE-A2: COPY OF FIRST INFORMATION STATEMENT IN CRIME NO.717/2013 OF ARECOED POLICE STATION.

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ANNEXURE-A3: COPY OF THE FRONT PAGE OF THE SSLC BOOK OF THE PETITIONER.

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RESPONDENT(S)' EXHIBITS :- NIL

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//TRUE COPY//

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P.A. TO JUDGE

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N.K.BALAKRISHNAN, J.

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Crl.M.C. No.5612 of 2013

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Dated this the 12^th day of February 2014

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O R D E R

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This petition is filed to quash FIR in Crime No.717/2013 of Arecode Police Station. The incident took place about 11 years back. At that time, the victim was aged only about 17 years. According to the petitioner, he was then aged 15 years. The petitioner contends that going by the allegation mentioned in the statement no offence of rape is made out. But the learned counsel for the de facto complainant/2^nd respondent submits that if consent is obtained by inducement or it was given under misconception of fact, it cannot be termed as a free and voluntary consent and if that be so, it cannot be said that the 2^nd respondent was actually a consenting party. The contention that no offence of rape is made out cannot be accepted at this stage since the investigation is only at the initial stage. The request to quash the FIR cannot, thus, be allowed.

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This Crl.M.C. is hence, dismissed.

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Sd/N.K.BALAKRISHNAN,

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Jvt

Karattuchalil Noushad v. State of Kerala

Case brief

What is this about?

What did the court decide?

Karattuchalil Noushad v. State of Kerala

Case brief

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