The High Court of Kerala disposed of a petition seeking quashing of an FIR under the Kerala Money Lenders Act and IPC. The court noted the case was closed as civil and the matter settled between parties.
The criminal miscellaneous case is disposed of; all pending interlocutory applications stand closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
TUESDAY, THE 07TH DAY OF JULY 2020 / 16TH ASHADHA, 1942
Crl.MC.No.3042 OF 2015
CRIME NO.91/2015 OF PAYYOLI POLICE STATION, KOZHIKODE
PETITIONERS/ACCUSED:
1 DR.FAISAL, AGED 40 YEARS, S/O.KUYNIABDULLA, RESIDING AT NAMBIATTIL HOUSE, MELODY AMSOM, DESOM, PAYYOLI.
2 RIZWAN, S/O.NOT KNOWN, SABARIKA SILKS, FIRST FLOOR, K.V.COMPLEX, PALAYAM JUNCTION, CALICUT.
BY ADVS.SRI.P.K.SUBHASH SMT.K.REEHA KHADER
RESPONDENTS/ DEFACTO COMPLAINANT:
1 SUB INSPECTOR POLICE, PAYYOLI POLICE STATION, CALICUT DISTRICT-673001.
2 NAHASIN,
AGED 27 YEARS, W/O.RAFEEK, RANBA, PERUMALTHAZHA, THRIKKOTTU AMSOM DESOM, THIKKODI, CALICUT DISTRICT-673001.
R1 BY PUBLIC PROSECUTOR SRI. UDAYAKUMAR.K.B. R1 BY ADVS. SRI.R.BINDU SASTHAMANGALAM SRI.PRASANTH M.P R2 BY ADV. SRI.R.BINDU (SASTHAMANGALAM)
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.3042/2015
-:2:-
Dated this the 7th day of July, 2020
O R D E R
This proceeding initiated under Section 482 of the Code of Criminal Procedure,1973 (for short, 'the CrPC') is filed seeking to quash Annexure-AI First Information Report(FIR) registered by Payyoly Police Station under Section 17 of the Kerala Money Lenders Act, 1958 and Sections 384, 420, 448 and 506(i) read with Section 34 of the Indian Penal Code,1860.
In the result, this Crl.M.C. is disposed of in the above terms.
All pending interlocutory applications will stand closed.
Sd/-
T.V.ANILKUMAR,JUDGE
//True copy/
DST
P.A.To Judge
Crl.M.C.No.3042/2015
-:3:-
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE AI A TRUE COPY OF THE F.I.R.NO.91/15. ANNEXURE AII A TRUE COPY OF THE COMPLAINT FILED BY THE HUSBAND OF THE DEFACTO COMPLAINANT.
RESPONDENT'S EXHIBITS: NIL
2 issues framed by the court
Whether the FIR should be quashed on the ground that the case is founded on disputes of civil nature.
Whether the matter being settled between the parties warrants quashing of the FIR.
3 provisions across 3 enactments
Dr. Faisal
Rizwan
Sub Inspector Police, Payyoli Police Station
Nahasin
T.V.Anilkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
