Allowed

Mayinkutty Chirakkal v. the Station House Officer

Kerala HC18 Feb 2022Crl.MC/4400/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition to quash criminal proceedings initiated for assault. Citing the settlement between parties and the simple nature of the injury, the court held no public interest was involved and exonerated the petitioners.

What did the court decide?

Entire proceedings in C.C.No.528/2019 are quashed and petitioners are exonerated.

Mayinkutty Chirakkal Vs the Station House Officer — 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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FRIDAY, THE 18^TH DAY OF FEBRUARY 2022/29TH MAGHA, 1943

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CRL.MC NO. 4400 OF 2021

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[CC NO.528/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,VADAKARA IN CRIME NO.1114/2018 OF BADAGARA POLICE STATION]

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PETITIONERS/ACCUSED 1 TO 3:

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1 MAYINKUTTY CHIRAKKAL, AGED 69 YEARS,

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S/O.MAHAMOOD, V.K.HOUSE, VADAKARA BEACH P.O., VADAKARA, KOZHIKODE 673 103. 2 MUJEEB, AGED 40 YEARS,

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S/O.ABDURAHIMAN, CHIRAKKAL HOUSE, VADAKARA BEACH P.O., VADAKARA, KOZHIKODE 673 103. 3 MUHASIN, AGED 36 YEARS, S/O.ABDURAHIMAN, CHIRAKKAL HOUSE, VADAKARA BEACH P.O., VADAKARA, KOZHIKODE 673 103 BY ADV T.G.RAJENDRAN

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RESPONDENTS/STATE AND COMPLAINANT:

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1 THE STATION HOUSE OFFICER, BADAGARA POLICE STATION, KOZHIKODE DISTRICT -673 103 2 THE STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031 3 UBAID, AGED 52 YEARS, S/O.SADULI, CHIRAKKAL HOUSE, THAZHE ANGADI, BADAKARA, KOZHIKODE 673 103

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R3 BY ADV N.KRISHNA RAJA MAULI

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OTHER PRESENT:

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SR.PP - SMT. SREEJA V.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.4400 of 2021

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:-2-:

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O R D E R

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Petitioners are the accused in C.C.No.528/2019

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of the Judicial First Class Magistrate's Court, Vadakara, which arose from the final report in Crime No.1114/2018 of Badagara Police Station. In the charge sheet, it is alleged that on 3.12.2018 at 8.30 a.m., the accused persons, in furtherance of their common intention, wrongfully restrained the de facto complainant/ the third respondent and manhandled him, assaulted him with hands and kicked on his navel. Petitioners have now contended that the matter is settled and therefore, the proceedings are sought to be quashed.

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I heard the learned counsel for the petitioners, learned

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Senior Public Prosecutor as well as the learned counsel for the third respondent.

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Learned Senior Public Prosecutor as well as the learned counsel for the third respondent have confirmed the settlement reached between the parties. More over, Annexure III

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Crl.M.C.No.4400 of 2021

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:-3-:

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affidavit clearly indicates that the matter is settled and therefore, he has no objection in quashing the proceedings. Injury sustained by the third respondent is simple in nature. No public interest is involved in the matter.

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In the circumstances, entire proceedings in C.C.No.528/2019 of the Judicial First Class Magistrate's Court, Vadakara are quashed and the petitioners shall stand exonerated.

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Crl.M.C. is allowed as above.

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sd/- K.HARIPAL, Judge

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MBS/

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Crl.M.C.No.4400 of 2021

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:-4-:

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APPENDIX OF CRL.MC 4400/2021

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PETITIONERS' ANNEXURES:

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Annexure I CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CR. NO.1114/18 OF BADAGARA POLICE STATION. Annexure II CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.528 OF 2019 Annexure III COPY OF THE AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT DATED 6.9.2021

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Crl.M.C.No.4400 of 2021

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:-5-:

Mayinkutty Chirakkal v. the Station House Officer

Case brief

What is this about?

What did the court decide?

Mayinkutty Chirakkal v. the Station House Officer

Case brief

What is this about?

What did the court decide?

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