petitioners filed a Criminal Misc. Case to quash an FIR due to settlement and final report. The court refused to quash it, granting liberty to file a fresh petition challenging the final report with supporting affidavit.
Liberty granted to file fresh Crl.M.C. challenging final report with affidavit; current Crl.M.C. closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL.MC NO. 1745 OF 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 7TH DAY OF NOVEMBER 2023 / 16TH KARTHIKA, 1945 CRL.MC NO. 1745 OF 2020
CRIME NO.39/2020 OF THEKKUMBHAGOM POLICE STATION, Kollam
PETITIONER/S:
1 SALIM AGED 55 YEARS MULLIKKALA, THEVALAKKARA, CHAVARA THEKKUMBHAGAM, KOLLAM.
2 NAZEER, AGED 1 YEARS MULLIKKALA, THEVALAKKARA, CHAVARA THEKKUMBHAGAM, KOLLAM.
3 HASHIM, AGED 1 YEARS MULLIKKALA, THEVALAKKARA, CHAVARA THEKKUMBHAGAM, KOLLAM. BY ADV B.KRISHNA MANI
RESPONDENT/S:
3 SHAFEEQ AGED 28 YEARS S/O. SHAMSUDEEN, RESIDING AT POIKAYIL PADINJATTATHIL VEEDU, MULLIKALA MURI, THEVALAKKARA,
CRL.MC NO. 1745 OF 2020
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CHAVARA, THENKKUMBHAGOM, KOLLAM 691 584
4 ANEESH S/O. KOCHANIYAN PILLAI,RESIDING AT VAZHOTTU,VILAVADAKKATHIL (KANJIRAVILAYIL),MULLIKKALA MURI,THEVALAKKARA P.O,KARUNAGAPALLY,KOLLAM DISTRICT -690524
5 SUJEESH S/O.THANKAPPAN PILLAI, RESIDING AT KALAYILAVILA VADAKKATHIL,MULLIKALA MURI, THEVALAKKARA P.O KARUNAGAPALLY,KOLLAM DISTRICT-690524
BY ADVS. GOVERNMENT PLEADER SAJU J PANICKER
OTHER PRESENT:
SMT SREEJA V, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 1745 OF 2020
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P.V.KUNHIKRISHNAN, J
Crl.M.C. No.1745 of 2020
Dated this the 7th day of November, 2023
O R D E R
This Crl.M.C. is filed to quash the FIR in Crime No. 39/2020 of Chavara Thekkumbhagom Police Station. It is submitted that the matter is settled and the case may be quashed. Now, the Public Prosecutor submitted that the final report is filed. If that is the case, the petitioners are free to file a fresh Crl.M.C. challenging the final report with supporting affidavit showing the settlement.
Granting liberty to the petitioners to file a fresh Crl.M.C., this Crl.M.C. is closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
CRL.MC NO. 1745 OF 2020
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APPENDIX OF CRL.MC 1745/2020
PETITIONER ANNEXURES
ANNEXURE 1 TRUE COPY OF THE FIRST INFORMATION REPORT DATED 1/2/2020 IN CRIME NO. 0039/2020 BEFORE THE CHAVARA THEKKUMBHAGOM POLICE STATION. ANNEXURE II TRUE COPY OF THE AFFIDAVIT DATED 24/2/2020 EXECUTED BY THE COMPLAINANT IN ANNEXURE 1
1 issue framed by the court
Whether to quash the FIR in Crime No. 39/2020 where the matter was settled and a final report was filed.
SALIM AND OTHERS
THE STATE OF KERALA
SHAFEEQ
ANEESH
SUJEESH
P.V.KUNHIKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
