Allowed

Firoz v. the State of Kerala

Kerala HC17 Feb 2017Crl.MC/443/2017

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the petition to quash criminal proceedings under Sections 143, 147, 148, 324, 307 and 149 IPC instituted for an assault. The court invoked its inherent powers under Section 482 Cr.P.C. considering the matter was settled amicably and there were no bad antecedents.

What did the court decide?

Crl.M.C. allowed; all further proceedings in S.C. No.480/2014 stand quashed.

Firoz Vs the State of Kerala — Quashing and FIR | Kerala HC (2017)

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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 SUNIL THOMAS

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FRIDAY, THE 17TH DAY OF FEBRUARY 2017/8TH MAGHA, 1938

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Crl.MC.No. 443 of 2017 ()

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AGAINST THE ORDER/JUDGMENT IN SC 480/2014 of ADDL. SESSIONS COURT - II, MANJERI

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CRIME NO. 185/2014 OF AREAKKODE POLICE STATION, MALAPPURAM

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PETITIONER(S)/ACCUSED:

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1. FIROZ S/O. ABDURAHIMAN, KANDENGAL HOUSE, MUNDAMBRA, UGRAPURAM P.O., MALAPPURAM DISTRICT.

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2. RIYASUDHEEN S/O. MUHAMMEDALI, THARANATHUMMAL HOUSE, MUNDAMBRA, UGRAPURAM P.O., MALAPPURAM DISTRICT.

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3. SHABEERALI S/O. SAIDALAVI, PADINHARAYIL HOUSE, MUNDAMBRA, UGRAPURAM P.O., MALAPPURAM DISTRICT.

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4. SHAFEEK S/O. YUSAF, KOZHISSERY HOUSE, MUNDAMBRA, UGRAPURAM P.O., MALAPPURAM DISTRICT.

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5. ABDURAHIMAN

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S/O. MOIDEEN, KADENGAL HOUSE, MUNDAMBRA, UGRAPURAM P.O., MALAPPURAM DISTRICT.

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6. HASKERALI S/O. KUNHOYI, PARAKKAL HOUSE, MUNDAMBRA, UGRAPURAM P.O., MALAPPURAM DISTRICT.

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7. ASHRAF

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S/O.ENTHEEN, THATTARUPARAMBIL HOUSE, MUNDAMBRA, UGRAPURAM P.O., MALAPPURAM DISTRICT.

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8. ABDUL NAZAR S/O.ABDURAHIMAN, KAITHAIYIL HOUSE, MUNDAMBRA, UGRAPURAM P.O., MALAPPURAM DISTRICT.

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Crl.MC.No. 443 of 2017 ()

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9. SHAFI S/O.MUHAMMED ASHARAF, KOZHISSERY HOUSE, MUNDAMBRA, UGRAPURAM P.O., MALAPPURAM DISTRICT. 10. RAJU @ RAJAN S/O. ITTIYATHAN, PALERI HOUSE, UGRAPURAM P.O., NEAR ITI, AREACODE, MALAPPURAM DISTRICT.

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11. MUJEEB RAHMAN S/O.BADARUDHEEN, KARIKKADANPOYIL HOUSE, MUNDAMBRA, UGRAPURAM P.O., MALAPPURAM DISTRICT.

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12. GAFOOR S/O.ABDURAHIMAN, KAITHAYIL HOUSE, MUNDAMBRA, UGRAPURAM P.O., MALAPPURAM DISTRICT.

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13. RAFEEQ ALI S/O.ENTHEEN, THATTARUPARAMBIL HOUSE, MUNDAMBRA, UGRAPURAM P.O., MALAPPURAM DISTRICT.

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BY ADV. SRI.K.RAKESH

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RESPONDENT(S)/STATE, DEFACTO COMPLAINANT & INJURED: ---------------------------------------------------

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1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031 FOR THE SUB INSPECTOR OF POLICE, AREAKKODE POLICE STATION, MALAPPURAM DISTRICT.

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2. ABDUL MAJEED C S/O. MOYINKUTTY, CHIRAYINMEL HOUSE, KARIPARAMBA, UGRAPURAM P.O., MALAPPURAM DISTRICT - 673 639.

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3. ABOOBACKER SIDDIQUE S/O. ALAVI, VALIYATHODI HOUSE, KARIPARAMBA, UGRAPURAM P.O., MALAPPURAM DISTRICT - 673 639.

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R2-R3 BY ADV. SMT.K.NISHA R1 BY PUBLIC PROSECUTOR SRI.AMJAD ALI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-02-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 443 of 2017 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A TRUE COPY OF THE FINAL REPORT/CHARGE IN CRIME NO. 185/2014 OF THE AREAKKODE POLICE STATION. ANNEXURE B TRUE COPY OF THE WOUND CERTIFICATE OF THE 2ND RESPONDENT ISSUED FROM THE MEDICAL COLLEGE HOSPITAL, KOZHIKKODE DATED 04.3.2014. ANNEXURE C TRUE COPY OF THE WOUND CERTIFICATE OF THE 3RD RESPONDENT ISSUED FROM THE MEDICAL COLLEGE HOSPITAL, KOZHIKKODE DATED 04.3.2014. ANNEXURE D TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DATED 04.1.2017. ANNEXURE E TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT DATED 04.1.2017.

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RESPONDENT(S)' EXHIBITS : NIL

/TRUE COPY/

P. A. TO JUDGE

SUNIL THOMAS, J.

Crl. M. C. No. 443 of 2016

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Dated this the 17^th day of February, 2017

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O R D E R

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The petitioners herein are the accused Nos.1 to 13 in Crime No.185/2014 of Areakkode Police Station for offences punishable under Sections 143, 147, 148, 324, 307 read with Section 149 IPC. It was alleged by the prosecution that, on 04.03.2014 at about 21.10 hours, the accused armed with weapons, attacked the 3^rd respondent and inflicted injuries on his body. FIS was laid by the 2^nd respondent. After investigation final report was laid and the matter is now pending as S.C. No.480/2014 of the Additional Sessions Court-II, Manjeri.

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The petitioners have now approached this Court on a premise that the disputes have now been resolved amicably and the defacto complainant and the victim do not propose to pursue the case. To substantiate the above contention, the petitioners as well as the respondents relied on Annexures D and E affidavits filed by the 2^nd and 3^rd respondents. Both the counsel reiterated the averments contained therein and also the settlement now arrived at between parties. It was also brought out that even though very serious allegations are raised, the wound certificate

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Crl. M. C. No. 443 of 2016

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does not fully substantiate those allegations, though injuries on the head are indicated by Annexures B and C. However, learned counsel for the petitioners submitted that there was a counter case in which the petitioners No.1 and 17 herein were injured and a crime was registered as Crime No.188/2014 resulting in C.C. No.547/2015. It is seen that the above incident happened on the same day at 9.00 p.m. The petitioners herein turned hostile in that case and did not support the prosecution case. Hence, all the accused in that case were acquitted by judgment dated 04.01.2017. A copy of the judgment was placed before me at the time of hearing by the learned counsel for the petitioners. It was brought out that the respondents 2 and 3 are the accused Nos.17 and 1 respectively in the counter case.

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Having regard to the fact that the matter has now been settled and that there is nothing on record to show that the petitioners have any bad antecedents, as submitted by the learned Public Prosecutor, I am inclined to give a quietus to the entire proceedings so that both sides can lead a peaceful life in future. Having regard to the these, I am inclined to invoke the jurisdiction under Section 482 Cr.P.C. to quash the entire proceedings.

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Crl. M. C. No. 443 of 2016

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In the result, Crl.M.C. is allowed. All further proceedings in S.C. No.480/2014 of the Additional Sessions Court-II, Manjeri stand quashed.

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SUNIL THOMAS, JUDGE.

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Firoz v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Firoz v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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