Allowed

Rafeeq @ Rafi, v. State of Kerala

Kerala HC5 Mar 2020Crl.MC/152/2020

Case brief

AI extract

What is this about?

The High Court of Kerala, on a joint petition in Crl.MC.7715/2019(D) and Crl.MC.152/2020(H), quashed criminal proceedings against accused persons. The court accepted a settlement affidavit from the de-facto complainant and discharged the accused citing no public interest and non-serious injuries.

What did the court decide?

Criminal miscellaneous cases allowed; proceedings quashed; accused discharged.

Rafeeq @ Rafi, Vs State of Kerala — Quashing and FIR | Kerala HC (2020)

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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 ASHOK MENON

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THURSDAY, THE 05TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941

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Crl.MC.No.7715 OF 2019(D)

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CRIME NO.838/2019 OF Kilikolloor Police Station , Kollam

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PETITIONERS/ACCUSED 1 AND 2:

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1 PRAJOSH P., AGED 31 YEARS S/O KRISHNAKUMARI, VAYALIL PUTHEN VEEDU, KALLUMTHAZHAM.P.O, KILIKOLLOOR VILLAGE, NOW RESIDING AT: PRAVEEN VILASOM, VELLIMON.P.O, PEDRINADU, KOLLAM DISTRICT, PIN-691 511.

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2 MANU M., AGED 30 YEARS, S/O MURALEEDHARAN, BATHEL PUTHIYAVEEDU, VELLIMON.P.O, PERINADU, KOLLAM DISTRICT, PIN-691 511.

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BY ADVS. SRI.PRATHEESH.P SMT.S.REKHA KUMARI SMT.S.SEETHA SMT.ANJANA KANNATH

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RESPONDENTS/STATE & DE-FACTO COMPLAINANT:

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31.

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2 THE STATION HOUSE OFFICER, KILIKOLLOR POLICE STATION, KOLLAM DISTRICT-691 004.

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3 ADARSH, S/O ANANDAN, ELAMKULATHU VEEDU, PULARI NAGAR 91, KARICODE CHERRY, MANGAD VILLAGE, KILIKOLLOOR, KOLLAM-691 004.

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R1-2 BY RAMESH CHAND PP R3 BY ADV. A.MUHAMMED RAFFI

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Crl.MC.No.7715 OF 2019 & CON. CASE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.03.2020, ALONG WITH Crl.MC.152/2020(H), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.7715 OF 2019 & CON. CASE

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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 ASHOK MENON

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THURSDAY, THE 05TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941

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Crl.MC.No.152 OF 2020(H)

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CRIME NO.838/2019 OF Kilikolloor Police Station , Kollam

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PETITIONER/4TH ACCCUSED:

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RAFEEQ @ RAFI, AGED 28 YEARS, S/O RAHIM, VAYALIL PUTHEN VEEDU, KALLUMTHAZHAM P.O. KOLLAM DISTRICT 691 004.

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BY ADVS. SRI.PRATHEESH.P SMT.S.REKHA KUMARI SMT.S.SEETHA SMT.ANJANA KANNATH

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RESPONDENTS/STATE & DE-FACTO COMPLAINANT:

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 31.

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2 THE STATION HOUSE OFFICER, KILIKOLLOOR POLICE STATION, KOLLAM DISTRICT 691 004.

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3 ADARSH, S/O ANANDAN, ELAMKULATHU VEEDU, PULARI NAGAR 91, KARICODE CHERRY, MANGAD VILLAGE, KILIKOLLOOR, KOLLAM 691 004.

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R1-2 BY SRI RAMESH CHAND -P P. R3 BY ADV. SMT.RENUKA VENU

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.03.2020, ALONG WITH Crl.MC.7715/2019(D), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.7715 OF 2019 & CON. CASE

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ORDER

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[ Crl.MC.7715/2019, Crl.MC.152/2020 ]

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Dated this the 5th day of March 2020

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The petitioners in Crl.M.C.No.7715/2019

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are A1 and A3, while the petitioner in Crl M C

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No.152/2020 is the 4^th accused in Crime

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No.838/2019 of Kilikolloor Police Station for having allegedly committed offences punishable under Sections 143,147,148,341,294(b),323,324 and 308 read with Section 149 of the I.P.C. and

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Section 27 of the Arms Act.

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defacto complainant is the 3^rd respondent in both the Crl.M.C.s and he has filed affidavits to the effect that the matter has been amicably settled

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with the petitioners and that he has no grievance against the petitioners. A report has also been obtained to that effect from the Investigating

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Crl.MC.No.7715 OF 2019 & CON. CASE

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Officer through the Public Prosecutor. The

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petitioners do not have any criminal antecedents.

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There is no public interest involved. The

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injuries sustained are not life threatening and serious.

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In the result, the Crl.M.C.s are allowed

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and the entire proceedings as against the petitioners in Crime No.838/2019 of Kilikolloor

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Police Station, stands quashed under Section 482 Cr.P.C. and the accused are discharged.

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Sd/-

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ASHOK MENON JUDGE

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SSK/05-03-2020

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Crl.MC.No.7715 OF 2019 & CON. CASE

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APPENDIX OF Crl.MC 7715/2019

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PETITIONERS' EXHIBITS:

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ANNEXURE 1 THE CERTIFIED COPY OF FIR IN CRIME 838/2019 OF KILIKOLLOR POLICE STATION.

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ANNEXURE 2 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT REGARDING THE COMPROMISE DATED 30.10.2019.

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RESPONDENT'S EXHIBITS:NIL

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SSK //TRUE COPY// PA TO JUDGE

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Crl.MC.No.7715 OF 2019 & CON. CASE

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APPENDIX OF Crl.MC 152/2020

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PETITIONER'S EXHIBITS:

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ANNEXURE 1 THE CERTIFIED COPY OF THE FIR IN CRIME NO. 838/2019 OF KILIKOLLOOR POLICE STATION.

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ANNEXURE 2 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT REGARDING THE COMPROMISE DATED 30.10.2019.

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RESPONDENT'S EXHIBITS:NIL

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SSK //TRUE COPY// PA TO JUDGE

Rafeeq @ Rafi, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rafeeq @ Rafi, v. State of Kerala

Case brief

What is this about?

What did the court decide?

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