Allowed

Mohammed Riyas Khan v. State of Kerala

Kerala HC19 Aug 2022Crl.MC/1292/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the petition to quash criminal proceedings initiated for offences under various sections of the IPC, including affray and assault. The court noted that the dispute was private, investigation was complete, and a settlement had been reached with the consent of the injured respondents. Relying on Gian Singh, the court held that continuing the proceedings served no pur

What did the court decide?

Annexure A2 FIR and all further proceedings under C.C.No.228/2022 pending before the Judicial First Class Magistrate Court, Thamarassery as against the petitioners are hereby quashed.

Mohammed Riyas Khan Vs State of Kerala — Quashing and FIR | 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 ZIYAD RAHMAN A.A.

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FRIDAY, THE 19^TH DAY OF AUGUST 2022 / 28TH SRAVANA, 1944

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CRL.MC NO. 1292 OF 2022

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PETITIONER/S:

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1 MOHAMMED RIYAS KHAN AGED 30 YEARS KAYYAELIKKUNNUMMAL RAROTH, THAMARASSERRY P.O, KOZHIKODE DISTRICT, PIN - 673573 2 RAHEES AGED 29 YEARS PANACHIPARAMBIL RAROTH, THAMARASSERRY P.O, KOZHIKODE DISTRICT, PIN - 673573 3 NIYAS KUNNUMMEL RAROTH, THAMARASSERY P.O., KOZHIKODE DISTRICT., PIN - 673573 4 SAHEER KOLLERUKANDI, RAROTH THAMARASSERY P.O., KOZHIKODE DISTRICT, PIN - 673573 5 SAHEER ALI PANACHIPARAMBIL, RAROTH, THAMARASSERY P.O., KOZHIKODE DISTRICT, PIN - 673573 BY ADVS. LUIZ GODWIN D COUTH BIJO FRANCIS

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKAULAM, PIN - 682031

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Crl.M.C.No. 1292 of 2022

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2 SHAMNAZ VARUVINKALAYIL HOUSE, PANAKODE DESOM, RAROTH, THAMARASSERY P.O., KOZHIKODE DISTRICT., PIN - 673573 3 SHABEER ALI VARUVINKALAYIL HOUSE, PANAKODE DESOM, RAROTH, THAMARASSERY P.O., KOZHIKODE DISTRICT., PIN - 673573 BY ADV JOSE KURIAKOSE (VILANGATTIL)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.08.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No. 1292 of 2022

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ZIYAD RAHMAN A.A., J

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…...................................

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Crl.M.C.No. 1292 of 2022

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…....................................................... Dated this the 19^th day of August, 2022

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ORDER

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The petitioners are the accused Nos. 1 to 5 in Crime No.20/2022 of Thamarassery Police Station, which was registered for the offences punishable under Sections 143, 147, 148, 448, 323, 324 and r/w Section 149 of the Indian Penal Code.

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The prosecution case is that on 05.01.2022 at about 09:00 p.m., the accused persons formed into an unlawful assembly, trespassed into the house of the defacto complainant and assaulted 2^nd and 3^rd respondents thereby causing injuries to them. Annexure1 is the complaint submitted by the defacto complainant and Annexure 2 is the FIR registered by the police in connection with the same. This Crl.M.C is filed for quashing all further proceedings pursuant to Annexure 2.

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When the matter came up for consideration, the learned Public Prosecutor pointed out that the investigation is this case is already completed and a Final Report has been

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Crl.M.C.No. 1292 of 2022

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submitted on 26.02.2022 before the Judicial First Class Magistrate Court - I,Thamarassery and is now pending as C.C.No.228/2022.

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Heard, Sri. Luiz Godwin Couth, the learned counsel appearing for the petitioner, Sri. C.S. Hrithwik, the learned Public prosecutor appearing for the State and Sri. Jose Kuriakkose, the learned counsel appearing for respondents 2 and 3.

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The prayer for quashing the above proceedings is sought for by the petitioners on the ground that, the dispute between the parties has been settled and to substantiate the same, the injured persons have sworn Annexure 5 and Annexure 6 affidavits respectively. The aforesaid affidavits indicate that, the matter has been settled and the injured persons have no subsisting grievance against the petitioners herein. They also conveyed that they have no objection in quashing the proceedings against the petitioners herein. The learned counsel for the 2^nd and 3^rd respondents/injured persons also confirmed the same. The learned Public Prosecutor upon instructions submitted that the veracity of the settlement was verified by the Station House officer concerned and before the SHO also, the injured persons have reiterated that, they do not have any

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Crl.M.C.No. 1292 of 2022

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objection in quashing the proceedings as they have no subsisting grievance against the petitioners herein.

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Going through the materials available on record, it is discernible that, the dispute is basically private in nature and on account of settlement arrived at between the parties, no purpose would be served if the proceedings against the petitioners herein were allowed to continue. In such circumstances, the chances of a successful prosecution are very bleak. Therefore, I am of the view that going by the decision in Gian Singh v. State of Punjab and Another [2012(4) KLT 108], this is a fit case in which the powers of this Court under Section 482 of the Code of Criminal Procedure can be invoked.

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Accordingly, this Crl.M.C. is allowed. Annexure A2 FIR in Crime No.20/2022 of Thamarassery Police Station and all further proceedings in C.C.No.228/2022 pending before the Judicial First Class Magistrate Court I, Thamarassery as against the petitioners are hereby quashed.

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Sd/-

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ZIYAD RAHMAN A.A., JUDGE

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Dxy

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Crl.M.C.No. 1292 of 2022

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APPENDIX OF CRL.MC 1292/2022

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PETITIONER ANNEXURES

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ANNEXURE1	THE ORIGINAL OF THE COMPLAINT FILED BY THE DEFACTO COMPLAINANT BEFORE THE THAMARASSERY POLICE AGAINST THE PETITIONERS/ ACCUSED 1 TO 5
ANNEXURE2	THE ORIGINAL CERTIFIED COPY OF THE F.I.R. NO. 20/2022 OF THAMARASSERY POLICE STATION AGAINST THE PETITIONERS / ACCUSED 1 TO 5
ANNEXURE3	THE TRUE COPY OF THE WOUND CERTIFICATE OF THE 2ND RESPONDENT ISSUED BY THE GOVERNMENT TALUK HOSPITAL
ANNEXURE4	THE TRUE COPY OF THE WOUND CERTIFICATE OF THE 3RD RESPONDENT ISSUED BY THE SHANTHI HOSPITAL, OMASSERY
ANNEXURE5	THE AFFIDAVIT OF THE 2ND RESPONDENT / DEFACTO COMPLAINANT DTD. 03-02-2022 SHOWING THE SETTLEMENT
ANNEXURE6	THE TRUE COPY OF THE AFFIDAVIT DTD. 03-02- 2022 SWORN BY THE 3RD RESPONDENT SHOWING THE SETTLEMENT

Mohammed Riyas Khan v. State of Kerala

Case brief

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Mohammed Riyas Khan v. State of Kerala

Case brief

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