Allowed

Abdu Jaleel v. State of Kerala

Kerala HC16 May 2014Crl.MC/1552/2014

Case brief

AI extract

What is this about?

The High Court of Kerala reviewed a petition under Section 482 Cr.P.C. seeking quashing of criminal proceedings for rape. The complainant submitted an affidavit stating the dispute was settled amicably, she had no intentions of pursuing the case, and that delay had become fatal to her marriage. The court found continuation of proceedings would result in miscarriage of justice and allowed the petit

What did the court decide?

The petition was allowed and the charge sheet (Annexure A final report) was quashed.

Abdu Jaleel Vs State of Kerala — Quashing and FIR | Kerala HC (2014)

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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 A.HARIPRASAD

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FRIDAY, THE 16TH DAY OF MAY 2014/26TH VAISAKHA, 1936

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Crl.MC.No. 1552 of 2014 ()

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CP 58/2013 of J.M.F.C.,MALAPPURAM CRIME NO. 963/2011 OF KONDOTTY POLICE STATION , MALAPPURAM

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PETITIONER(S)/ACCUSED:-:

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ABDU JALEEL, S/O.ASSAINAR, AYYANKUZHIYAN HOUSE, ECHILAKUZHI OLAVATTOOR, PULIKKAL, KONDOTTY MALAPPURAM DISTRICT.

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BY ADVS.SRI.BABU S. NAIR SRI.K.RAKESH

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RESPONDENT(S)/RESPONDENTS/STATE:-:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.

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2. MYMOONATH,, AGED 26 YEARS D/O.AHAMMED VALLIKKATTIL, KARADUKANDAM OLAVATTOOR P.O., CHERUKAVU, MALAPPURAM DISTRICT.

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R2 BY ADV. SRI.R.RANJITH (K/489/2011)

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BY PUBLIC PROSECUTOR SMT.MADHUBEN

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-05-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1552 of 2014 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A. TRUE COPY OF THE MEMORANDUM OF EVIDENCE AND CHARGE IN CRIME NO.963/2011 OF THE KONDOTTY POLICE STATION.

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ANNEXURE B. TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT BEFORE DATED 24.02.2014.

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RESPONDENT(S)' EXHIBITS -----------------------NIL

//TRUE COPY//

P.A. TO JUDGE

ami/

A.HARIPRASAD, J.

Crl.M.C.No.1552 of 2014

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Dated this the 16^th day of May, 2014.

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O R D E R

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This petition is filed under section 482 Cr.P.C. with following prayers :

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“In the circumstances, it is most humbly prayed that this Hon'ble Court may be pleased to quash the entire proceedings in proceedings in C.P.No.58/2013 arising out of Crime No.963/2011 of Kondotty Police Station, in the interests of justice.”

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The petitioner is the accused in Crime No.963/2011

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of Kondoty Police Station registered under section 376 and 313 IPC. The Police after investigation filed a charge sheet before the court and the matter is pending in committal proceedings as C.P.No.58/2013 on the file of the court of Judicial First Class Magistrate-Malappuram. Learned counsel for the petitioner submitted that subsequent to the filing of this petition, the learned Magistrate has committed the case to the court of Sessions, but no number

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Crl.M.C.No.1552 of 2014

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has been assigned.

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Heard the learned counsel for the petitioner, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor.

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Annexure A is the charge sheet filed by the Police and Annexure B is the affidavit sworn to by the de facto complainant stating that she has no subsisting grievance against the petitioner/accused. The affidavit reads as

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follows :

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“1- I am the de facto complainant in Crime No.963/ 2011 Kondoty Police Station .

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2- The offence alleged against the accused are u/s 376, 313 IPC.

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3- The dispute between myself and the accused are settled amicably, and I have no further grievance against the accused, and I have no objection in quashing the proceedings against the accused, u/s 482 of the Code of Criminal Procedure.

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4- The Session Court already received the case file and so far it is not numbered after committal.

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5- As I got married, and further delay in culmination of the proceedings is fatal to my present matrimony. Hence it is necessary to quash the proceedings invoking the provisions as per section 482 of the Code of Criminal Procedure, for the ends of justice.”

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On perusing the affidavit and also on hearing the parties, I

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Crl.M.C.No.1552 of 2014

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find that continuation of the criminal proceedings will only result in miscarriage of justice. Therefore, this petition is allowed and Annexure A final report is hereby quashed. Crl.M.C. is allowed accordingly.

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A.HARIPRASAD, Judge

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ami/

Abdu Jaleel v. State of Kerala

Case brief

What is this about?

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Abdu Jaleel v. State of Kerala

Case brief

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What did the court decide?

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