In a criminal miscellaneous petition under Section 482 CrPC, the High Court of Kerala allowed the petition and quashed the FIR. The court held that since the dispute was settled and the possibility of conviction was bleak, proceeding further was not in the interest of justice.
Annexure-1 FIR in crime 61/2009 of Kodanchery police station is quashed.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 Crl.MC.No. 2265 of 2009() -------------------------------------(CRIME NO.61/09 OF THE KODANCHERY POLICE STATION)
PETITIONER(S): ACCUSED:
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1. SUBAIR A.K., S/O. LATE MOHAMMED, AEERACKAL HOUSE, AVILORA P.O., KODUVALLY.
2. ABDUL NAZAR, S/O. POKKAR, PURAYIL, AVILORA, KIZHAKKOTH AMSOM DESOM.
3. ABDUL RAZAK, S/O. MOIDEEN, PARACKAL HOUSE, AVILORA P.O., KODUVALLY.
4. APPU @ MOHAMMED, S/O. MOIDU, PARACKAL HOUSE, AVILORA P.O., KODUVALLY.
BY ADV. MR.K.A.SALIL NARAYANAN
RESPONDENT(S): STATE AND DEFACTO COMPLAINANT:
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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. THAJUDEEN K., S/O. MOHAMMED, KUNNUMMAL VEEDU, AVILORA, KIZHAKKOTH AMSOM DESOM. R1 BY PUBLIC PROSECUTOR MR. AMJAD ALI
R2 BY ADV. MR.NISHIL.P.S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
M.SASIDHARAN NAMBIAR,J.
CRL.M.C.NO.2265 OF 2009
Dated 4th August 2009
O R D E R
Petitioners are accused in crime No.61/2009
of Kodancherry police station. On the first information statement of second respondent Crime 61/2009 was registered for the offences under Sections 365, 323 and 342 read with Section 34 of Indian Penal Code. Annexure-1 FIR shows that allegation of the first respondent that he was abducted by petitioners and also caused hurt demanding payment of the money due to the petitioners. This petition is filed under Section 482 of Code of Criminal Procedure, contending that the dispute with second respondent was settled and in such circumstances, to secure justice the case is to be quashed.
respondent was filed stating that though there was a mediation and second respondent agreed to pay the amount he could not keep up the time schedule and as a result there was some altercation between
CRMC 2265/09
2
petitioners and second respondent and on that dispute FI statement was lodged and subsequently the entire disputes were resolved and now no more dispute exists and in such circumstances, second respondent has no intention to prosecute the petitioners and hence he has no objection for quashing the proceedings.
3
CRMC 2265/09
possibility of conviction is very bleak. Hence in order to secure justice Annexure-1 FIR is to be quashed. Petition is allowed. Annexure-1 FIR in
crime 61/2009 of Kodanchery police station is quashed.
M.SASIDHARAN NAMBIAR, JUDGE.
uj.
2 issues framed by the court
Whether the proceedings under sections 365, 323 and 342 of IPC read with section 34 can be quashed due to settlement of dispute.
Whether the dispute between the petitioners and the second respondent was fully resolved, rendering prosecution inexpedient.
SUBAIR A.K.
ABDUL NAZAR
ABDUL RAZAK
APPU @ MOHAMMED
STATE OF KERALA
THAJUDEEN K.
M.SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
