Allowed

Afsal Anthrakandi v. Chandran .K.K

Kerala HC10 Feb 2022Crl.MC/368/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed criminal miscellaneous petitions filed under Section 482 CrPC seeking to quash FIR-based proceedings. Noting a settlement reached with complainants and no public interest remaining, the court quashed the entire proceedings against the petitioners as injuries were simple and parties stood exonerated. Several iterations of the judgment text were consolidated.

What did the court decide?

Entire criminal proceedings pursuant to Crime No.830/2017 were quashed and petitioners stood exonerated.

Afsal Anthrakandi Vs Chandran .K.K — 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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THURSDAY, THE 10^TH DAY OF FEBRUARY 2022 / 21ST MAGHA, 1943

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CRL.MC NO. 6694 OF 2021

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[SC 998/2018 OF THE ASSISTANT SESSIONS COURT,KOYILANDY ARISING OUT OF CRIME NO.830 OF 2017 OF PERAMBRA POLICE STATION, KOZHIKODE DISTRICT]

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PETITIONERS/ACCUSED:

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1 T.P.NAZAR, AGED 50 YEARS, S/O. KUNHAMMAD, THAYYULLAPARAMBIL HOUSE, CHENOLI P.O., PERAMBRA, KOZHIKODE DISTRICT 673 535. 2 T.P. ANAS, AGED 24 YEARS, S/O.T.P. NAZAR, THAYYULLAPARAMBIL HOUSE, CHENOLI P.O., PERAMBRA, KZOHIKODE DISTRICT 673 525. BY ADVS. M.MUHAMMED SHAFI T.RASINI

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RESPONDENTS/DE FACTO COMPLAINANT AND STATE:

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1 CHANDRAN K.K., AGED 48 YEARS S/O. KUNHIKANNAN, KOROTHKANDY HOUSE, CHENOLI P.O., KOZHIKODE DISTRICT 673 525. 2 JIJESH AGED 34 YEARS S/O. BALAKRISHNAN, MUTHUVOTTMEETHAL HOUSE, CHENOLI P.O., KOZHIKODE DISTRICT 673 525. 3 SREEJITH, AGED 42 YEARS S/O. KUNHIRAMAN, KUNNATH HOUSE, CHENOLI P.O., KOZHIKODE DISTRICT 673 525. 4 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM 682 031. BY ADV SADIQALI.M SR.PP - SMT. SREEJA V. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.02.2022, ALONG WITH Crl.MC.368/2022, 6695/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.Nos.6694 & 6695 of 2021 & 368 of 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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THURSDAY, THE 10^TH DAY OF FEBRUARY 2022 / 21ST MAGHA, 1943

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CRL.MC NO. 368 OF 2022

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[SC 575/2020 OF THE ASSISTANT SESSIONS COURT,KOYILANDY ARISING OUT OF CRIME NO.830 OF 2017 OF PERAMBRA POLICE STATION, KOZHIKODE DISTRICT]

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PETITIONER/ACCUSED:

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AFSAL ANTHRAKANDI, AGED 35 YEARS, ANTHRAKANDI HOUSE, KAYANNA BAZAR P.O, PERAMBRA, KOZHIKODE DISTRICT, PIN - 673525 BY ADVS. M.MUHAMMED SHAFI T.RASINI

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RESPONDENTS/DE FACTO COMPLAINANT AND STATE:

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1 CHANDRAN .K.K

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AGED 48 YEARS KOROTHKANDY HOUSE, CHENOLI P.O, KOZHIKODE DISTRICT, PIN - 673525 2 JIJESH AGED 34 YEARS MUTHUVOTTMEETHAL HOUSE, CHENOLI P.O, KOZHIKODE DISTRICT, PIN - 673525 3 SREEJITH AGED 42 YEARS KUNNATH HOUSE, CHENOLI P.O, KOZHIKODE DISTRICT, PIN - 673525

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Crl.M.C.Nos.6694 & 6695 of 2021 & 368 of 2022

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4 STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN - 682031

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SR.PP - SMT. SREEJA V. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.02.2022, ALONG WITH Crl.MC.6694/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.Nos.6694 & 6695 of 2021 & 368 of 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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THURSDAY, THE 10^TH DAY OF FEBRUARY 2022 / 21ST MAGHA, 1943

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CRL.MC NO. 6695 OF 2021

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[C.P.NO.8/2020 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PERAMBRA ARISING OUT OF CRIME NO.830 OF 2017 OF PERAMBRA POLICE STATION, KOZHIKODE DISTRICT]

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PETITIONERS/ACCUSED:

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1 MUHAMMED ASHKAR, AGED 23 YEARS S/O. AZEEZ, NAMBRATHUMMAL MUNAVVAR HOUSE, KOYANNA BAZAR P.O. PERAMBRA, KOZHIKODE DISTRICT 673 525.

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2 HASSIN P.C., AGED 25 YEARS S/O. MUHAMMED P.C., PADINJARECHEKKIYOTT HOUSE, CHENOLI P.O., PERAMBRA, KOZHIKODE DISTRICT 673 525. 3 MUHAMMED ARSHAD K.K, AGED 23 YEARS S/O. ASHRAF K.K., KAKKADUMMAL HOUSE, CHENOLI P.O., PERAMBRA, KOZHIKODE DISTRICT 673 525. BY ADVS. M.MUHAMMED SHAFI T.RASINI

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RESPONDENTS/DE FACTO COMPLAINANT AND STATE:

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1 CHANDRAN K.K. S/O. KUNHIKANNAN, KOROTHKANDY HOUSE, CHENOLI P.O., KOZHIKODE DISTRICT 673 525. 2 JIJESH AGED 34 YEARS S/O. BALAKRISHNAN, MUTHUVOTTMEETHAL HOUSE, CHENOLI P.O., KOZHIKODE DISTRICT 673 515.

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Crl.M.C.Nos.6694 & 6695 of 2021 & 368 of 2022

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:-5-:

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3 SREEJITH AGED 42 YEARS S/O. KUNHIRAMAN, KUNNATH HOUSE, CHENOLI P.O., KOZHIKODE DISTRICT 673 525. 4 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM 682 031. BY ADV SADIQALI.M

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.02.2022, ALONG WITH Crl.MC.6694/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.Nos.6694 & 6695 of 2021 & 368 of 2022

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O R D E R

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Petitioners in Crl.M.C.No.6694/2021 are accused Nos.2

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and 1 respectively in Crime No.830/2017 of Perambra Police Station. Petitioners in Crl.M.C.No.6695/2021 are accused Nos.3,5 and 6 respectively in the crime whereas the fourth accused has moved Crl.M.C.No.368/2022, all filed under Section 482 of Cr.P.C. seeking to quash the proceedings, on the ground of settlement reached with the de facto complainant and other injured. The crime was registered on 30.11.2017 alleging offences under Sections 143,147,148,341,324,506,308,427 read with 149 IPC on the basis of the first information statement given by Chandran, the first respondent in all Crl.M.Cs. On completion of investigation, charge sheet has been laid and the case against the petitioners in Crl.M.C.6694/2021 is pending as S.C.No. 998/2018 before the Assistant Sessions Court, Koyilandy. The case against the petitioners in Crl.M.C.No.6695/2021 is pending as C.P.No.8/2020 before the Judicial First Class Magistrate Court-I, Perambra

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Crl.M.C.Nos.6694 & 6695 of 2021 & 368 of 2022

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whereas the case against petitioner in Crl.M.C.No.368/2022 is pending as S.C.No.575/2020 on the file of the Assistant Sessions Court, Koyilandy. The allegation is that on 29.11.2017 at 17.30 hours, the accused persons formed themselves into an unlawful assembly and in prosecution of their common object, wrongfully restrained the party respondents and assaulted the first respondent with an iron stick aiming at his head, which was evaded. If the iron rod had hit his head, that would have turned fatal. More over, they had also caused damage by destroying the vehicle of the de facto complainant, causing a loss of Rs.22,000/-.

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I heard the learned counsel for the petitioners and learned Senior Public Prosecutor, who also confirmed the settlement reached between the parties.

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The affidavits of the party respondents 1 to 3

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respectively also indicate that the matter is settled and they do not have any subsisting grievance against the petitioners. More over, I have also gone through the wound certificate of the party

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Crl.M.C.Nos.6694 & 6695 of 2021 & 368 of 2022

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respondents. The first respondent had suffered only a lacerated wound over the left great toe, which was sutured. He had no other injuries. Similarly, respondents 2 and 3 did not suffer any external injury on their person. The injuries sustained by the party respondents were simple in nature. Now the matter is settled and no public interest is involved. Therefore, entire proceedings initiated against the petitioners pursuant to the registration of Crime No.830/2017 of Perambra Police Station are quashed and the petitioners shall stand exonerated.

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The Crl.M.Cs. are allowed.

sd/-

K.HARIPAL, Judge

MBS/

Crl.M.C.Nos.6694 & 6695 of 2021 & 368 of 2022

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APPENDIX OF CRL.MC 368/2022

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PETITIONER ANNEXURES

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Annexure A1 TRUE COPY OF THE CHARGE ALONG WITH FIR IN CRIME NO. 830 OF 2017 OF PERAMBRA POLICE STATION, KOZHIKODE Annexure A2 AFFIDAVIT SWORN BY THE 1ST RESPONDENT DT.26.12.2021 Annexure A3 AFFIDAVIT SWORN BY THE 2ND RESPONDENT DT. 26.12.2021 Annexure A4 AFFIDAVIT SWORN BY THE 3RD RESPONDENT DT.26.12.2021

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Crl.M.C.Nos.6694 & 6695 of 2021 & 368 of 2022

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APPENDIX OF CRL.MC 6695/2021

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PETITIONER ANNEXURES

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Annexure A1 TRUE COPY OF THE CHARGE ALONG WITH FIR IN CRIME NO. 830 OF 2017 OF PERAMBRA POLICE STATION, KOZHIKODE. Annexure A2 AFFIDAVIT SWORN BY THE IST RESPONDENT DTD. 26.12.2021. Annexure A3 AFFIDAVIT SWORN BY THE 2ND RESPONDENT DTD. 26.12.2021. Annexure A4 AFFIDAVIT SWORN BY THE 3RD RESPONDENT DTD. 26.12.2021.

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Crl.M.C.Nos.6694 & 6695 of 2021 & 368 of 2022

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APPENDIX OF CRL.MC 6694/2021

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PETITIONER ANNEXURES

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Annexure A1 TRUE COPY OF THE CHARGE ALONG WITH FIR IN CRIME NO. 830 OF 2017 OF PERAMBRA POLICE STATION, KOZHIKODE. Annexure A2 AFFIDAVIT SWORN BY THE IST RESPONDENT DTD. 22.12.2021. Annexure A3 AFFIDAVIT SWORN BY THE 2ND RESPONDENT DTD. 22.12.2021. Annexure A4 AFFIDAVIT SWORN BY THE 3RD RESPONDENT DTD. 22.12.2021.

Afsal Anthrakandi v. Chandran .K.K

Case brief

What is this about?

What did the court decide?

Afsal Anthrakandi v. Chandran .K.K

Case brief

What is this about?

What did the court decide?

What the court decided

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