Allowed

Abdul Rahiman K.P. v. Station House Officer

Kerala HC20 Jun 2016Crl.MC/3049/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a petition under Section 482 CrPC to quash criminal proceedings arising from a money lending dispute. The court held that the offence was personal, the matter was settled, and the parties were living in harmony, invoking inherent jurisdiction to serve the ends of justice.

What did the court decide?

All further proceedings against the petitioner in C.C.No.537 of 2015 shall stand quashed.

Abdul Rahiman K.P. Vs Station House… — Constitutional and Fundamental Rights | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶4

MONDAY, THE 20TH DAY OF JUNE 2016/30TH JYAISHTA, 1938

¶5

Crl.MC.No. 3049 of 2016 ()

¶6

CC.NO. 537/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -I, HOSDURG CRIME NO. 224/2014 OF AMBALATHARA POLICE STATION , KASARGOD DISTRICT

¶7

PETITIONER/ACCUSED:

¶8

ABDUL RAHIMAN K.P., AGED 54 YEARS, S/O.ALAVI, RESIDING AT EDAMUNDA HOUSE, PULLOOR VILLAGE HOSDURG, KANHANGAD.

¶9

BY ADV. SRI.C.K.SREEJITH

¶10

RESPONDENT(S)/COMPLAINANT, STATE & DE-FACTO COMPLAINANT:

¶11

1. STATION HOUSE OFFICER, AMBALATHARA POLICE STATION, HOSDURG, KANHANGAD,

¶12

REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031.

¶13

2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,

¶14

HIGH COURT OF KERALA, ERNAKULAM -682 031.

¶15

3. K.RAGHAVAN, AGED 52 YEARS, S/O.KINNI, RESIDING AT KARAKKAKUNDU, PULLUR VILLAGE,

¶16

HOSDURG TALUK, P.O.HARIPURAM, KASARAGOD DIST -671 531

¶17

4. APPAKUNHI K.,AGED 66 YEARS, S/O.KUNHIRAMAN K., RESIDING AT UDAYA, NAGAR JUNCTION, P.O.HARIPURAM, KASARAGOD DIST -671 531.

¶18

5. M.KUNHAMMED, AGED 62 YEARS, S/O.ABDUL RAHIMAN, RESIDING AT SAINABA MANZIL, PERIYA BAZAR, PERIYA VILLAGE, HOSDURG TALUK, KASARAGOD DIST -671 315.

¶19

6. SHAHEEM P.S., AGED 31 YEARS, S/O.IBRAHIM, RESIDING AT PANDIKASHALA HOUSE, VADAKKUMBAD, RAMANTHALI VILLAGE, PAYYANNUR TALUK, P.O.RAMANTHALI, KASARAGOD DIST- 670 308.

¶20

2/-

¶21

-2-

¶22

CRL.MC.NO.3049/2016

¶23

7. NASEEMA, AGED 26 YEARS, W/O.SHAHEEM, RESIDING AT PANDIGASHALA HOUSE, VADAKKUMBAD, RAMANTHALI VILLAGE, PAYYANNUR, TALIPARAMBA TALUK, KASARAGOD DIST- 670 308.

¶24

8. JAFER P.S., AGED 36 YEARS, S/O.IBRAHIM, RESIDING AT PANDIKASHALA HOUSE, VADAKKUMBAD, RAMANTHALI VILLAGE, PAYYANNUR, TALIPARAMBA TALUK, KASARAGOD DIST -670 308.

¶25

9. AREEKKARA KRISHNAN, AGED 62 YEARS, S/O.V.KANNAN MANIYANI, RESIDING AT AREEKKARA HOUSE, UDAYA NAGAR, HARIPURAM P.O, PULLUR VILLAGE, HOSDURG TALUK, KASARAGOD DIST -671 531.

¶26

10. VINOD P.V., AGED 39 YEARS, S/O.KANNAN, RESIDING AT PATTUVAN VEETTIL, THEKKE MANAKKAT, KARIVELULUR VILLAGE,

¶27

HOSDURG TALUK, KASARAGOD DIST -670 521.

¶28

R1 & R2 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN R3 TO R10 BY ADV. SMT.MARY RANZOM LOUIZ

¶29

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶30

sts

¶31

Crl.MC.No. 3049 of 2016 ()

¶32

APPENDIX

¶33

PETITIONER(S)' ANNEXURES:

¶34

ANNEX A1	THE CERTIFIED COPY OF THE FIR REGISTERED IN CRIME NO.224/2014 ON THE FILE OF AMBALATHARA POLICE STATION
ANNEX A2	THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.224/2014 ON THE FILE OF AMBALATHARA POLICE STATION
ANNEX A3	THE TRUE COPY OF THE MEMO OF EVIDENCE IN CRIME NO.224/2014 ON THE FILE OF AMBALATHARA POLICE STATION
ANNEX A4	THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT
ANNEX A5	THE AFFIDAVIT SWORN BY THE 4TH RESPONDENT
ANNEX A6	THE AFFIDAVIT SWORN BY THE 5TH RESPONDENT
ANNEX A7	THE AFFIDAVIT SWORN BY THE 6TH RESPONDENT
ANNEX A8	THE AFFIDAVIT SWORN BY THE 7TH SPONDENT
ANNEX A9	THE AFFIDAVIT SWORN BY THE 8TH RESPONDENT
ANNEX A10	THE AFFIDAVIT SWORN BY THE 9TH RESPONDENT
ANNEX A11	THE AFFIDAVIT SWORN BY THE 10TH RESPONDENT

¶35

RESPONDENT(S)' ANNEXURES: NIL

/TRUE COPY/

P.A.TO JUDGE

sts

RAJA VIJAYARAGHAVAN.V., J

¶40

¶41

Crl.M.C. No. 3049 of 2016

¶42

- - - - Dated 20^th June, 2016

¶43

¶44

ORDER

¶45

The petitioner is the sole accused in C.C.No.537 of 2015 on the files of the Judicial Magistrate of 1^st Class, Hosdurg. He has preferred this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') seeking to quash the proceedings on the ground that the matter has been settled with the de facto complainants. The 3^rd respondent is the de facto complainant and respondents 4 to 10 are the persons who were cited as witnesses in the aforesaid case.

¶46

2.The aforesaid case has arisen from Crime No.224 of 2014 registered inter alia for offences punishable under Sections 17 and 18(a) of the Kerala Money Lenders Act.

¶47

3.The prosecution allegation is that on 15.5.2014 at about 9.40 pm a search was conducted inside the residential house of the petitioner and certain valuable securities and other documents belonging to respondents 4 to 10 and a

¶48

Crl.M.C. No.3049 of 2016 -2-

¶49

sum of Rs.1,50,000/ were seized. According to the prosecution, the petitioner was a money lender and he has contravened the provisions of the Money Lenders Act , 1958.

¶50

4.I have heard the learned counsel appearing for the petitioner, the counsel appearing for respondents 3 to 10 and the learned Public Prosecutor.

¶51

5.It is submitted that during the pendency of the proceedings, the parties have settled the matter and they have decided to give a quietus to all their subsisting disputes. After much deliberations amongst themselves and at the interventions of persons who are respected by both parties, they have decided to bury the past and turn a new leaf. There is no acrimony between the parties at present and they are living in peace and harmony. To bring on record the settlement, respondents 4 to 10 have filed separate affidavits in which they affirms in unmistakable terms their decision to erase the bitter incidents of the past and to start afresh.

¶52

Crl.M.C. No.3049 of 2016 -3-

¶53

6.The learned Public Prosecutor, on instructions, submits that the petitioner is not a person with criminal antecedents.

¶54

7.I have given my anxious considerations to the submissions made across the bar and I have also gone through the materials on record.

¶55

8.It appears that the offence is entirely personal in nature and do not affect public peace or tranquility. It is also felt that quashing of proceedings on account of compromise would bring about peace. In a case such as the instant one, even if the prosecution is allowed to continue, it would not serve any purpose as the possibility of conviction is remote and bleak. It can only result in putting the de facto complainant and the accused to unwanted oppression and prejudice. Settlement will augur well for the interest of the community and will enable the parties to live in peace and harmony.

¶56

9.I am of the considered opinion that this is one of those exceptional cases where prayer for invocation of the

¶57

Crl.M.C. No.3049 of 2016 -4-

¶58

extraordinary inherent jurisdiction can be justifiably invoked to serve the ends of justice as the case falls within the matrix of guidelines laid down by the Apex Court in Gian Singh v. State of Punjab ( 2012 (4) KLT

¶59

108) and Narinder Singh and others v. State of Punjab and anr. (2014) 6 SCC 466) and other cases.

¶60

In the result, this petition is allowed. All further proceedings against the petitioner in C.C.No.537 of 2015 on the files of the Judicial Magistrate of 1^st Class, Hosdurg shall stand quashed.

¶61

Sd/- RAJA VIJAYARAGHAVAN.V., JUDGE

¶62

kp/-20.6.16

Abdul Rahiman K.P. v. Station House Officer

Case brief

What is this about?

What did the court decide?

Abdul Rahiman K.P. v. Station House Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Reghu T.A Vs State of Kerala

Muneer Vs State of Kerala

Chandran V.P Vs Bank of Baroda

Aslam Vs the State of Kerala

Bibin Vs State of Kerala

Aneesh K.V Vs the State of Kerala