Allowed

Faizal E.K v. State of Kerala

Kerala HC7 Feb 2020Crl.MC/354/2020

Case brief

AI extract

What is this about?

The High Court of Kerala, in a common order for two criminal miscellaneous cases, allowed the petitions and quashed the proceedings against accused persons in Crime No.14/2020. The decision was based on the amicable settlement, the defacto complainant's lack of grievance, the absence of criminal antecedents, and lack of public interest.

What did the court decide?

The entire proceedings in Crime No.14/2020 of Muttam Police Station were quashed.

Faizal E.K 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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FRIDAY, THE 07TH DAY OF FEBRUARY 2020 / 18TH MAGHA, 1941

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Crl.MC.No.354 OF 2020(D)

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CRIME NO.14/2020 OF MUTTOM POLICE STATION, IDUKKI

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PETITIONER/1ST ACCUSED:

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FAIZAL E.K., AGED 24 YEARS, S/O. KABEER, ELAVUMTHADATHIL HOUSE, ELAM DESAM, VELLIYAMATTOM P O, IDUKKI-685588.

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BY ADV. SRI.MANSOOR.B.H.

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2 STATION HOUSE OFFICER MUTTAM POLICE STATION, IDUKKI-685587.

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3 SHAJI MUHAMMED, S/O. MUHAMMED KUTTY, AGED 50 YEARS, VELLAPILLIYIL HOUSE, ERATTUPETTA, NADAKKAL PO, KOTTAYAM-621124.

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R1-R2 BY SMT. M.K. PUSHPALATHA, PP R3 BY ADV. JANET JOB

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OTHER PRESENT:

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.02.2020, ALONG WITH Crl.MC.689/2020(E), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.Nos.354 and 689 of 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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FRIDAY, THE 07TH DAY OF FEBRUARY 2020 / 18TH MAGHA, 1941

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Crl.MC.No.689 OF 2020(E)

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CRIME NO.14/2020 OF MUTTOM POLICE STATION, IDUKKI

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PETITIONERS/ACCUSED 2 & 3:

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1 MAHIN ABDUL RAHMAN, AGED 30 YEARS, S/O. ABDUL RAHMAN, KALLIDUKKIL HOUSE, ELAM DESOM P.O, THODUPUZHA.

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2 ANSHAD.M.H., AGED 30 YEARS, S/O HANEEFA, KALLIDUKKIL HOUSE, ELAM DESOM P.O, THODUPUZHA.

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BY ADVS. SRI.MANSOOR.B.H. SHRI.LIBIN JOSEPH

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNKULAM-682 031.

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2 STATION HOUSE OFFICER, MUTTAM POLICE STATION, IDUKKI-685 587.

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3 SHAJI MUHAMMED, AGED 50 YEARS, S/O. MUHAMMED KUTTY, VELLPILLIYIL HOUSE, ERATTUPETTA, NADAKKAL P.O., KOTTAYAM-621 124.

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R1-R2 BY SMT. M.K. PUSHPALATHA, PP R3 BY ADV. JANET JOB

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.02.2020, ALONG WITH Crl.MC.354/2020(D), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.Nos.354 and 689 of 2020

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COMMON ORDER

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[ Crl.MC.354/2020, Crl.MC.689/2020 ] Dated this the 7th day of February 2020

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The petitioner in Crl.M.C.No.354/2020 is the 1^st

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accused; while the petitioners in Crl.M.C.No.689/2020

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are accused 2 and 3 in Crime No.14/2020 of Muttam Police Station, for having allegedly committed the

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offences punishable under Sections 294(b), 323, 341,

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506(ii) and 395 of I.P.C. The defacto complainant-

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injured is the 3^rd respondent in both the cases. He

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has appeared through a Counsel and has filed

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affidavits stating that the matter has been amicably

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settled and that he has no existing grievance against

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the petitioners. A report has been filed by the

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investigating officer through the Senior Public

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Prosecutor to that effect. The petitioners do not

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have any criminal antecedents and no public interest is involved.

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Crl.M.C.Nos.354 and 689 of 2020

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In the result, the Crl.M.Cs. are allowed and the

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entire proceedings as against the petitioners in Crime No.14/2020 of Muttam Police Station, stands quashed under Section 482 of Cr.P.C.

Sd/-

dkr

ASHOK MENON

JUDGE

Crl.M.C.Nos.354 and 689 of 2020

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APPENDIX OF Crl.MC 354/2020

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A COPY OF THE FIR IN CRIME NO.14/2020 OF MUTTAM POLICE STATION.

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ANNEXURE B AFFIDAVIT OF THIRD RESPONDENT.

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Crl.M.C.Nos.354 and 689 of 2020

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APPENDIX OF Crl.MC 689/2020

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A COPY OF THE F.I.R IN CRIME NO.14/2020 OF MUTTAM POLICE STATION

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ANNEXURE B AFFIDAVIT OF THIRD RESPONDENT

Faizal E.K v. State of Kerala

Case brief

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Faizal E.K v. State of Kerala

Case brief

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