Allowed

Faizal v. State of Kerala

Kerala HC30 Mar 2021Crl.MC/477/2021

Case brief

AI extract

What is this about?

Petitioners challenged proceedings in CC No. 1428/2015. The Court allowed the petition, quashing the criminal proceedings based on amicable settlement, lack of public interest, and remote chance of conviction, relying on Supreme Court precedents to prevent abuse of process.

What did the court decide?

The criminal proceedings in C.C.No. 1428 of 2015 on the files of the Judicial First Class Magistrate Court-I, Aluva are quashed.

Faizal Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2021)

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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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TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943

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Crl.MC.No.477 OF 2021(H)

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AGAINST THE ORDER/JUDGMENT IN CC 1428/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, ALUVA

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CRIME NO.1919/2014 OF ALUVA EAST POLICE STATION , Ernakulam

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PETITIONER/S:

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1 FAIZAL AGED 38 YEARS S/O ABDU, PALAKKAL HOUSE, KOMPARA AREA, NOCHIMA KARA, ALUVA EAST VILLAGE, PIN-683101.

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2 ASHRAF AGED 46 YEARS S/O ABDUL KHADER, MANAKKATTU HOUSE, NEAR SNDP, KUNNATHERI KARA, ALUVA WEST VILLAGE, PIN-683101.

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BY ADV. SRI.JAISON JOSEPH

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RESPONDENT/S:

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1 STATE OF KERALA

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

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2 SUB INSPECTOR OF POLICE ALUVA EAST POLICE STATION, PIN-683101.

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3 KABEER S/O ABDUL AZEEZ, NEDUNGATTIL HOUSE, KOMPARA BHAGAM, NOCHIMA KARA, ALUVA EAST VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT-683101.

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4 ZIYAD

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S/O HASSAN, KARIPPAI HOUSE, NEAR POTTACHIRA TEMPLE, NOCHIMA KARA, ALUVA EAST VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT-683101.

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5 RASHEED K.K.

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Crl.MC.No.477 OF 2021(H)

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AGED 43 YEARS S/O KOCHUMUHAMMED, KODIYAMATTOM HOUSE, NEAR KOMPARA PETROL PUMP, NOCHIMA KARA, ALUVA EAST VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT-683101.

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R3-5 BY ADV. P.S.APPU

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OTHER PRESENT:

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SR.PP.C.S.HRITHWIK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.477 OF 2021(H)

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O R D E R

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Dated this the 30th day of March, 2021

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Petitioners are the accused in Crime No. 1919 of 2014 registered at the Aluva East Police Station for offences punishable under Sections 323, 294(b), 506(i) and 34 of the IPC, now pending as C.C.No. 1428 of 2015 on the files of the Judicial First Class Magistrate Court-I, Aluva. The de facto complainant, at whose instance the crime was registered, and the other injured persons are arrayed as respondents 3 to 5. Annexures A3, A4 and A5 are the affidavits filed by respondents 3, 4 and 5 respectively, stating that the dispute, which led to registration of the crime, has been settled amicably and they have no subsisting grievance in the matter.

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Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioners have no criminal antecedents.

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Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by the 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,

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Crl.MC.No.477 OF 2021(H)

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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 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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In the result, this Crl.M.C is allowed. The proceedings in C.C.No. 1428 of 2015 on the files of the Judicial First Class Magistrate CourtI, Aluva is quashed.

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Sd/V.G ARUN JUDGE

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Crl.MC.No.477 OF 2021(H)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE-A1 TRUE PHOTOCOPY OF THE FIR ALONG WITH FI STATEMENT DATED 13.04.2014. ANNEXURE-A2 TRUE COPY OF FINAL REPORT/CHARGE SHEET IN CC NO. 1428/2015 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1, ALUVA. ANNEXURE-A3 AFFIDAVIT FILED BY RESPONDENT NO. 3. ANNEXURE-A4 AFFIDAVIT FILED BY RESPONDENT NO. 4. ANNEXURE-A5 AFFIDAVIT FILED BY RESPONDENT NO. 5.

Faizal v. State of Kerala

Case brief

What is this about?

What did the court decide?

Faizal v. State of Kerala

Case brief

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