Allowed

Muhammed Faizal v. State of Kerala

Kerala HC11 Feb 2022Crl.MC/105/2022

Case brief

AI extract

What is this about?

In a Criminal Miscellaneous petition seeking quashing of criminal proceedings under Section 482 Cr.P.C., the Court quashed the proceedings against petitioners accused of damaging a food cart and manhandling respondents upon finding that the matter was settled between parties, the offence was minor, and no public interest was involved.

What did the court decide?

The entire proceedings in C.C. No. 284 of 2019 pending before the Chief Judicial Magistrate's Court, Thodupuzha are quashed and the petitioners shall stand exonerated.

Muhammed Faizal Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2022)

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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 K.HARIPAL

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FRIDAY, THE 11^TH DAY OF FEBRUARY 2022 / 22ND MAGHA, 1943

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CRL.MC NO. 105 OF 2022

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CRIME NO. 1162 OF 2018 OF THODUPUZHA POLICE STATION, IDUKKI

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AGAINST THE ORDER/JUDGMENT IN CC 284/2019 OF CHIEF JUDICIAL MAGISTRATE ,

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THODUPUZHA

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PETITIONERS/ACCUSED Nos. 1 TO 7:

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1 MUHAMMED FAIZAL

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AGED 32 YEARS S/O.RAZAK, PULLICHALIL HOUSE, EDAVETTY KARA, EDAVETTY JHARAM BHAGAM, KARIKKODU VILLAGE, THODUPUZHA TALUK, IDUKKI, PIN - 685 588. 2 SHAJI

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AGED 42 YEARS

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S/O.LATHEEF, AADAMPPILLITHOTTIYIL HOUSE, KARIKKODU VILLAGE, KUMBAMKALLU KARA, KEERIKODU BHAGAM, THODUPUZHA TALUK, IDUKKI, PIN - 685 585. 3 T.S.SHIYAS @ SHIYAMANI AGED 31 YEARS

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S/O.SHAJI, THEKKUMKATTIL HOUSE, KARIKKODU VILLAGE, EDAVETTY KARA, EDAVETTY BHAGAM, THODUPUZHA TALUK, IDUKKI, PIN - 685 588.

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4 AMAL KRISHNA AGED 25 YEARS

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S/O.SOMAN, EDASSERRYPARAMBIL HOUSE., MANJALLOR VILLAGE, MADAKKATHANAM KARA, KAAPP BHAGAM, MUVATTUPUZHA TALUK, ERNAKULAM, PIN - 686 670.

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5 JOYAL JOSE AGED 23 YEARS

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S/O.JOSE ABRAHAM, CHAALIL HOUSE, KARIKKODU VILLAGE, ANNAYIKUNNAM KARA, KUNNAM BHAGAM, THODUPUZHA TALUK, IDUKKI, PIN - 685 605.

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6 THANVEER JABBAR AGED 23 YEARS

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S/O.K.N.JABBAR, KALAPPURAKKAL HOUSE, KUMARAMANGALAM VILLAGE, PERUMPILLICHIRA KARA, PERUMPILLICHIRA BHAGAM, THODUPUZHA TALUK, IDUKKI, PIN - 685 605. 7 ALBIN JOY AGED 24 YEARS S/O.JOY M.C., MAMALAKUNNATHU HOUSE, KARIKKODU VILLAGE, EDAVETTY KARA, EDAVETTY BHAGAM, THODUPUZHA TALUK, IDUKKI, PIN - 685 588. BY ADVS. JITHIN BOSE

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CRL.MC NO. 105 OF 2022

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VIDHYA KISHAN

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RESPONDENTS/STATE, INVESTIGATING OFFICER & DE FACTO COMPLAINANT:

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

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2 STATION HOUSE OFFICER OF THODUPUZHA POLICE STATION THODUPUZHA TALUK, THODUPUZHA, IDUKKI DISTRICT -685 584.

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3 NAVAS K.A. AGED 45 YEARS S/O.ALIKUNJU, KOTHAYIKUNNEL HOUSE, MALEPPARAMBU COLONY BHAGAM, KARIKKODU VILLAGE, KUMBAMKALLU KARA, KEERIKODU BHAGAM, THODUPUZHA TALUK, IDUKKI, PIN - 685 585.

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4 ALIKUNJU AGED 74 YEARS S/O.VAVACHI, KOTHAYIKUNNEL HOUSE, MALEPPARAMBU COLONY BHAGAM, KARIKKODU VILLAGE, KUMBAMKALLU KARA, KEERIKODU BHAGAM, THODUPUZHA TALUK, IDUKKI, PIN - 685 585. BY ADV K.R.MONISHA

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SR.PP - SRI. VIPIN NARAYANAN

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 105 OF 2022

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ORDER

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Petitioners are the accused in C.C. No. 284 of 2019 pending

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before the Chief Judicial Magistrate's Court, Thodupuzha and have moved this Court under Section 482 of the Cr.P.C. for quashing the proceedings on the ground of settlement reached with the party respondents 3 and 4. It is the outcome of the final report in Crime No. 1162 of 2018 of Thodupuzha police station registered on 12.09.2018 on the strength of the First Information

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Statement furnished by the 3^rd respondent alleging offence punishable under Sections 143, 147, 148, 294(b), 506(i), 323, 427 read with 149 of the IPC.

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The allegation is that on 11.09.2018 at 7.15 PM while the 3^rd respondent was conducting a mobile food cart near Thodupuzha Josco jewellery, the accused persons, out of previous enmity damaged the food cart and committed mischief by causing the food items to fall on the ground and also damaging the furniture items and the cart and caused a loss of Rs.75,000/-. They also manhandled the party respondents 3 and 4.

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Now the learned Senior Public Prosecutor as well as the

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CRL.MC NO. 105 OF 2022

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learned counsel for the 3^rd and 4^th respondents have submitted that the matter is settled and the party respondents do not have any subsisting grievance against the petitioners. Annexure A3 and A4 affidavits of the party respondents also indicate that the matter is settled and they do not want to pursue the proceedings against the petitioners.

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The offence alleged against the petitioners are minor in nature; the matter is settled; no public interest is involved in the case. Therefore, entire proceedings in C.C. No. 284 of 2019 pending before the Chief Judicial Magistrate's Court, Thodupuzha are quashed and the petitioners shall stand exonerated.

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The Criminal Miscellaneous Case is allowed as above.

Sd/-

K. HARIPAL

JUDGE

RMV/11/02/2022

APPENDIX OF CRL.MC 105/2022

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PETITIONER ANNEXURES
Annexure A1	CERTIFIED COPY OF FIRST INFORMATION REPORT IN CRIME NO.1162 OF 2018 OF THE POLICE STATION, THODUPUZHA ALONG WITH THE STATEMENT OF 3RD RESPONDENT DATED 12/09/2018.
Annexure A2	CERTIFIED COPY OF CHARGE SHEET IN C.C.NO.284 OF 2019 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA.
Annexure A3	AFFIDAVIT OF THE 3RD RESPONDENT DATED 12/08/2021.
Annexure A4	AFFIDAVIT OF THE 4TH RESPONDENT DATED 12/08/2021.

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TRUE COPY

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P.A.TO JUDGE

Muhammed Faizal v. State of Kerala

Case brief

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Muhammed Faizal v. State of Kerala

Case brief

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