Allowed

Safvan @ Sarfu, v. State of Kerala

Kerala HC7 Feb 2022Crl.MC/15/2022

Case brief

AI extract

What is this about?

Criminal Miscellaneous Case filed to quash proceedings against petitioners accused of offences under Section 143, 147, 148, 341, 323, 324, 308 read with Section 149 IPC for forming an unlawful assembly, obstructing traffic, and assaulting complainants. Court quashed proceedings due to settlement and lack of public interest.

What did the court decide?

Entire proceedings in S.C.No.72 of 2019 against the petitioners were quashed and petitioners stood exonerated.

Safvan @ Sarfu, 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 K.HARIPAL

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MONDAY, THE 7^TH DAY OF FEBRUARY 2022 / 18TH MAGHA, 1943

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CRL.MC NO. 15 OF 2022

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[S.C.No.72 of 2019 on the file of the Additional Sessions Court-II, Kasaragod, which arose from the final report in Crime No.503/2017 of Hosdurg Police Station, Kasaragod District]

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PETITIONERS/ACCUSED NOS.1,2,4,6,7,11 & 12:

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1 SAFVAN @ SARFU, AGED 25 YEARS S/O.MOIDEEN, NEAR REDSTAR CLUB, OZHINHAVALAPPU, KANHANGADU, KASARAGOD DISTRICT-671 314. 2 FAIZAL, AGED 31 YEARS S/O.BASHEER, OZHINHAVALAPPU, KANHANGADU, KASARAGOD DISTRICT-671 314. 3 SAYYAD @ SAHIYAD, AGED 23 YEARS S/O.RASHEED SHAREEF, NEAR AGANAVADI, OZHINHAVALAPPU, KANHANGADU, KASARAGOD DISTRICT-671 314. 4 IRSHAD, AGED 24 YEARS S/O.ABBAS, FATHIMA VILLA, NJANIKADAVU, KANHANGADU, KASARAGOD DISTRICT-671 314. 5 JABBIR, AGED 24 YEARS S/O.ASSAINAR, GALLY ROAD, POONJAVI, KANHANGADU, KASARAGOD DISTRICT-671 314.

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6 FASIL.E.K., AGED 27 YEARS S/O.MUHAMMED KUNJI, K.K.CHALLU HOUSE, POOLLIMARAM, NJANIKADAVU, KANHANGADU, KASARAGOD DISTRICT-671 314. 7 IBRAHIM.J.K. @ UMBAYI, AGED 31 YEARS S/O.USMAN, THEKKEKOLLAYATHU HOSUE, NJANIKADAVU, KANHANGADU, KASARAGOD DISTRICT-671 314. BY ADVS. MUHAMMED YASIL ROSIN JOSEPH AISWARIYA LEKSHMI LAL AMRITA ARUN

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Crl.M.C.No.15 of 2022

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RESPONDENTS/STATE & COMPLAINANT:

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2 RATHEESH.M., AGED 34 YEARS S/O.KRISHNAN.K.C., RESIDING AT MOTTAMMAL HOUSE, OZHINHAVALAPPU, KANHANGAD VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT-671 316. 3 SUMESH PULIKAL, AGED 33 YEARS S/O.SUKUMARAN.O.V., RESIDING AT PULIKAL HOUSE, OZHINHAVALAPPU, KANHANGAD VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT-671 316. 4 THE STATION HOUSE OFFICER, HOSDURG POLICE STATION, (CRIME NO.503 OF 2017), KASARAGOD DISTRICT-671 315. BY ADV JACKSON JOHNY

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OTHER PRESENT:

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SR.PP - SRI. VIPIN NARAYANAN

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.15 of 2022

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O R D E R

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Petitioners are accused Nos.1,2,4,6,7,11 and 12

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respectively in S.C.No.72 of 2019 on the file of the Additional Sessions Court-II, Kasaragod, which arose from the final report in Crime No.503/2017 of Hosdurg Police Station in Kasaragod district, where charge sheet has been laid against them along with five others alleging offences under Sections 143,147,148,341,323, 324,308 read with Section 149 IPC.

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The allegation is that on 10.05.2017 at 19.15 hours, the accused persons along with more than 100 identifiable persons formed themselves into an unlawful assembly and in prosecution of their common object, gathered in front of the Redstar club on the Ozhinjavallapu-Kallooravi road and caused obstruction to the traffic and hurled crackers to the club; when CWs.1 and 2, who were the party respondents, tried to resist them, both of them were assaulted and injured with iron rod, beer bottles etc. and thus the

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Crl.M.C.No.15 of 2022

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petitioners made attempts to commit culpable homicide not amounting to murder. The crime was registered on the basis of the first information furnished by the second respondent and on completion of investigation, charge sheet has been laid against 12 accused persons, who were identified, alleging the above said offences.

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The learned counsel further submits that the matter is settled with party respondents 2 and 3, that they have no subsisting grievance against the petitioners and therefore, the proceedings are sought to be quashed. The learned counsel also invited my attention to Annexure A5 order of this Court in Crl.M.C.No.6877 of 2019, where the case against one of the accused was quashed on similar circumstances.

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The learned Senior Public Prosecutor also confirmed the settlement reached between the parties. Normally, even though this Court is not inclined to accept such piecemeal settlements, having regard to the fact that the case against the second accused,

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Crl.M.C.No.15 of 2022

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who is in fact the tenth accused, stands quashed invoking the jurisdiction under Section 482 of the Cr.P.C., this petition also can be considered. Annexures A3 and A4 affidavits clearly indicate that the matter is settled at the intervention of the well-wishers in the locality and they do not want to pursue the proceedings.

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In the circumstances and having regard to the fact that respondents 2 and 3 did not suffer serious injuries and since public interest is not involved, entire proceedings in S.C.No.72 of 2019 as against the petitioners, who are accused Nos. 1,2,4,6,7,11 and 12 are quashed and the petitioners shall stand exonerated.

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The Crl.M.C. is allowed as above.

sd/-

K.HARIPAL, Judge

MBS/

Crl.M.C.No.15 of 2022

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APPENDIX OF CRL.MC 15/2022

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PETITIONER ANNEXURES

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Annexure	A1 A CERTIFIED COPY OF THE FIR DATED 11.05.2017 IN CRIME NO.503 OF 2017 OF HOSDURG POLICE STATION.
Annexure	A2 THE CERTIFIED COPY OF THE FINAL REPORT DATED 26.12.2017 IN CRIME NO.503 OF 2017
	AS NUMBERED AS SC NO.,72 OF 2019 ON THE FILE OF DISTRICT AND SESSIONS COURT, KASARAGOD.
Annexure	A3 A TRUE COPY OF THE AFFIDAVIT DATED 01.01.2022 SIGNED BY 2ND RESPONDENT/DEFACTO COMPLAINANT BEFORE AN ADVOCATE.
Annexure	A4 A TRUE COPY OF THE AFFIDAVIT DATED 01.01.2022 SIGNED BY 3RD RESPONDENT/INJURED WITNESS BEFORE AN ADVOCATE.
Annexure	A5 A TRUE COPY OF THE JUDGMENT DATED 15.11.2019 OF THIS HON'BLE COURT IN CRL.MC NO.6777 OF 2019.

Safvan @ Sarfu, v. State of Kerala

Case brief

What is this about?

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Safvan @ Sarfu, v. State of Kerala

Case brief

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