Allowed

Shafeek Siraj v. State of Kerala

Kerala HC27 Nov 2020Crl.MC/4771/2020

Case brief

AI extract

What is this about?

The Court allowed a Criminal Miscellany Petition to quash FIR crimes invoking IPC sections alleging public nuisance, assault, mischief, and criminal intimidation. It reasoned that since the dispute was settled amicably and no public interest remains, continuing proceedings would abuse the process of court.

What did the court decide?

FIR (Annexure A2) and proceedings in Crime No.1375/2020 registered at Vanchiyoor Police Station are quashed.

Shafeek Siraj 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 V.G.ARUN

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FRIDAY, THE 27TH DAY OF NOVEMBER 2020 / 6TH AGRAHAYANA, 1942

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Crl.MC.No.4771 OF 2020(F)

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CRIME NO.1375/2020 OF Vanchiyoor Police Station , Thiruvananthapuram

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PETITIONER/S:

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SHAFEEK SIRAJ AGED 24 YEARS S/O. SIRAJUDEEN, T.C. 9/914A, PANICKER'S LANE, SASTHAMANGALAM, THIRUVANANTHAPURAM - 695010.

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BY ADV. SMT.LAKSHMI RAJAN

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RESPONDENT/STATE AND DE FACTO COMPLAINANT:

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

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2 SUB INSPECTOR OF POLICE VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM695035.

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3 SATHI, AGED 51 YEARS HNRA -198, HARITHA NAGAR, TACHAKKUDI HOUSE, AMBALATHUMUKKU, VANCHIYOOR, THIRUVANANTHAPURAM - 695035.

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*4 ADDL.R4.GOVIND AGED 29 YEARS HNRA- 198, HARITHA NAGAR, TACHAKKUDI HOUSE AMBALATHUMUKKU VANCHIYOOR THIRUVANANTHAPURAM- 695 035

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*5 GOKUL, AGED 23 YEARS, S/O REGHUKUMAR TC 30/1097, REGHUNATHA NIVAS AMBALATHUMUKKU VHANCHIYOOR THIRUVANANTHAPURAM – 695 035 (ADDITIONAL RESPONDENTS 4 AND 5 ARE IMPLEADED AS PER ORDER DATED 27.11.2020 IN CRL.M.A.NO.2/2020)

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R3-4 BY ADV. H.PRAVEEN (KOTTARAKARA)

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Crl.MC.No.4771 OF 2020(F) ..2..

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OTHER PRESENT:

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PP RAMESH CHAND

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.4771 OF 2020(F) ..3..

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ORDER

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Dated this the 27th day of November 2020

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Petitioner is the accused in Crime No.1375/2020 registered at the Vanchiyoor Police Station for offences punishable under Sections 294(b), 323, 324, 427, 452 and 506 r/w 34 of IPC. The de facto complainant and the other persons injured are arrayed as respondents 3 to 5. Annexures-A4 to A6 affidavits have been filed by the said respondents stating that the dispute, which was the reason for the incident and registration of the crime, has been resolved amicably and they have no subsisting grievance against the petitioner.

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Heard the learned Public Prosecutor also,

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Crl.MC.No.4771 OF 2020(F) ..4..

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who, on instructions, submits that the petitioner has

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no criminal antecedents.

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Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavits filed by respondents 3 to 5, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and no public interest is involved in this matter. Moreover, in view of the settlement, possibility of the criminal proceedings ending in conviction is remote. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable

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Supreme Court in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] and Gian Singh v. State of Punjab and another [(2012) 10 SCC 303], there is no impediment in granting the relief sought.

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Crl.MC.No.4771 OF 2020(F) ..5..

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In the result, this Crl.M.C is allowed. Annexure-

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A2 FIR and the proceedings in Crime No.1375/2020

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registered at the Vanchiyoor Police Station is quashed.

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SB/27/11/2020

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Sd/V.G.ARUN JUDGE

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Crl.MC.No.4771 OF 2020(F) ..6..

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 CERTIFIED COPY OF THE STATEMENT OF 3RD RESPONDENT/DEFACTO COMPLAINANT IN CRIME NO.1375/2020 OF VANCHIYOOR POLICE STATION,

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ANNEXURE A2 CERTIFIED COPY OF FIR IN CRIME NO. 1375/2020.

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ANNEXURE A3 TRUE COPY OF THE MEDICAL REPORT OF PETITION FROM THE MEDICAL COLLEGE HOSPITAL TRIVANDRUM.

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ANNEXURE A4 NOTARISED COPY OF THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT.

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ANNEXURE A5: AFFIDAVIT SWORN BY THE 4TH RESPONDENT / ADDTL RESPONDENT.

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ANNEXURE A6: AFFIDAVIT SWORN BY HE 5TH RESPONDENT / ADDTL RESPONDENT.

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//true copy// P.A to Judge

Shafeek Siraj v. State of Kerala

Case brief

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Shafeek Siraj v. State of Kerala

Case brief

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