Allowed

Abin v. State of Kerala

Kerala HC6 Nov 2020Crl.MC/4668/2020

Case brief

AI extract

What is this about?

In a criminal miscellaneous case, the High Court of Kerala quashed an FIR and the registered criminal case involving offences under sections 447, 451, 427 and 294(b) IPC. The court held that the case arose from a family dispute and proceeding further would be an abuse of the process of court.

What did the court decide?

The criminal case invited by refusing to register the complaint as an abuse of the process of court.

Abin 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 P.SOMARAJAN

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FRIDAY, THE 06TH DAY OF NOVEMBER 2020 / 15TH KARTHIKA, 1942

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Crl.MC.No.4668 OF 2020

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CRIME NO.448/2020 OF MELUKAVU POLICE STATION, KOTTAYAM

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PETITIONER/ACCUSED:

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ABIN, AGED 23 YEARS, S/o SEBASTIAN, KANDATHIL HOUSE, MOONILAVU POST, MELUKAVU, KOTTAYAM DISTRICT.

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BY ADVS.SRI.T.M.RAMAN KARTHA

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SMT.MANJU R. KARTHA SMT.M.S.SOUJATH

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RESPONDENTS/COMPLAINANT & STATE:

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

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2 THE STATION HOUSE OFFICER, MELUKAVU POLICE STATION, KOTTAYAM DISTRICT, PIN-686652.

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3 K.A.JOSEPH, KANDATHIL HOUSE, MOONILAVU POST, MELUKAVU, KOTTAYAM DISTRICT, PIN-686586.

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BY PUBLIC PROSECUTOR SRI. RAMESH CHAND

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06.11.2020. THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.4668 of 2020

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ORDER

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The crime was registered on the allegation of offence under Sections 447, 451, 427 and 294(b) of the Indian Penal Code based on the FIS given by the defacto complainant. The only allegation levelled against the accused is pertaining to some family dispute and the destruction made on four plantains. There is a request in the statement not to register any crime. But ignoring the abovesaid request, criminal case was registered. It is really an abuse of

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the process of court and it will not serve any purpose, if it is proceeded further. The same is quashed by allowing the Crl.M.C.

Crl.M.C. is allowed.

Sd/-

P.SOMARAJAN

DMR/-

JUDGE

Crl.M.C.No.4668 of 2020

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APPENDIX

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PETITIONER'S ANNEXURES:

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ANNEXURE A1	CERTIFIED COPY OF THE FIR IN CRIME NO.448/2020 OF MELUKAVU POLICE STATION.
ANNEXURE A2	TRUE COPY OF LETTER TO THE 2ND RESPONDENT DATED 31.7.2020.
ANNEXURE A3	TRUE COPY OF COMPLAINT DATED 5.8.2020
	SUBMITTED BY THE PETITIONER BEFORE THE
	DISTRICT POLICE CHIEF, KOTTAYAM.

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RESPONDENTS' ANNEXURE: NIL

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// TRUE COPY //

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P.A. TO JUDGE

Abin v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abin v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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