Allowed

Firozkhan @ Firoz v. State of Kerala

Kerala HC15 May 2015Crl.MC/1932/2015

Case brief

AI extract

What is this about?

The High Court allowed a petition under Section 482 CrPC to quash an FIR registered under Section 376 IPC. The court found that the parties had amicably settled the dispute and the prosecution served no purpose as the relationship was consensual.

What did the court decide?

The F.I.R and further proceedings in Crime No.764 of 2014 of the Maradu Police Station, Ernakulam will stand quashed.

Firozkhan @ Firoz Vs State of Kerala — Cheating and Forgery | Kerala HC (2015)

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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 P.UBAID

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FRIDAY, THE 15TH DAY OF MAY 2015/25TH VAISAKHA, 1937

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Crl.MC.No. 1932 of 2015 ()

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--------------------------CRIME NO. 764/2014 OF MARADU POLICE STATION,ERNAKULAM DISTRICT

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PETITIONER/ACCUSED:

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FIROZKHAN @ FIROZ, S/O.K.M.SHAMSUDHEEN, AGED 35 YEARS,KALARIKKAL HOUSE, NETTOOR.P.O.,MARADU, ERNAKULAM DISTRICT.

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BY ADV. SRI.P.M.ZIRAJ

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RESPONDENTS/COMPLAINANT:

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1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM, REP. BY INSPECTOR OF POLICE, MARADU POLICE STATION, ERNAKULAM DISTRICT.

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2. PRIYA.A.M, D/O.MURALEEDHARAN, AGED 26 YEARS, EDAKKALIL HOUSE, PERUMBALOOR.P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT.

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R1 BY PUBLIC PROSECUTOR SRI.C.K.JAYAKUMAR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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Crl.MC.No. 1932 of 2015 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES:

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ANNEX-1 CERTIFIED COPY OF THE FIR IN CRIME NO.764 OF 2014 OF MARADU POLICE STATION,ERNAKULAM DISTRICT

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ANNEX-2 TRUE COPY OF THE AFFIDAVIT DATED 23.08.2014 SWEAR BY THE SECOND RESPONDENT/DEFACTO COMPLAINANT.

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RESPONDENT(S)' ANNEXURES:

NIL

/TRUE COPY/

P.A.TO JUDGE

sts

P.UBAID, J.

Crl. M.C No.1932 of 2015

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Dated this the 15^th day of May, 2015.

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O R D E R

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The petitioner seeks orders quashing the F.I.R and further proceedings in Crime No.764 of 2014 of the Maradu Police Station, Ernakulam, registered under Section 376 of IPC on the complaint of one Priya. Orders are sought on the ground of amicable settlement of the whole dispute between the accused and the de facto complainant out of court. The de facto complainant Priya is the 2^nd respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. She has filed affidavit to the effect that she has settled the whole dispute with the accused and she has no grievance or complaint. On a perusal of the FI Statement I find that this is not in fact a case of rape. The complainant had lived together with the petitioner herein for two years as husband and wife, and everything that transpired during this relationship was with her consent. Anyway, the issue now stands settled, and the parties have come to terms.

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Crl. M.C No.1932 of 2015

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In so many decisions, the Hon'ble Supreme Court has held that even in cases involving non-compoundable offences, the High Court can quash prosecution; be it at the crime stage or at the trial stage or even at the appellate or revision stage; if the parties have really settled the whole dispute or if continuance of prosecution will not serve any purpose. Here, I find a real case of settlement between the parties and I also find that continuance of prosecution in such a situation will not serve any purpose, other than wasting the precious time of the court, when the case ultimately comes before the court.

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In the result, this petition is allowed. The F.I.R and further proceedings in Crime No.764 of 2014 of the Maradu Police Station, Ernakulam will stand quashed under Section 482 of the Code of Criminal Procedure.

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P.UBAID, JUDGE

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sab

Firozkhan @ Firoz v. State of Kerala

Case brief

What is this about?

What did the court decide?

Firozkhan @ Firoz v. State of Kerala

Case brief

What is this about?

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