Allowed

Shameer v. the State of Kerala

Kerala HC2 Nov 2017Crl.MC/7078/2017

Case brief

AI extract

What is this about?

The Kerala High Court quashed criminal proceedings in a case involving charges of assault and outraging modesty. The Court held that since disputes were resolved and only compoundable offences remained, it exercised powers under Section 482 Cr.P.C. to quash the proceedings in the interest of justice.

What did the court decide?

Crl.M.C. No. 7078 of 2017 allowed; all further proceedings in Crime No. 1178/2016 of Ayiroor Police Station quashed.

Shameer Vs the State of Kerala — Criminal Trial and Appeal | Kerala HC (2017)

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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 SUNIL THOMAS

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THURSDAY, THE 2ND DAY OF NOVEMBER 2017/ 11TH KARTHIKA, 1939

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Crl.MC.No. 7078 of 2017 ()

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CRIME NO. 1178/2016 OF AYIROOR POLICE STATION, THIRUVANANDAPURAM

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PETITIONER(S)/ACCUSED NOS. 1 TO 3:

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1. SHAMEER, EDAKKUNNUVILA HOUSE, KURAKANNI, VARKALA, THIRUVANANTHAPURAM DISTRICT.

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2. ROJI,

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S/O.SHOUKATHALI, PALAVILA HOUSE, ODAYAM, VARKALA, THIRUVANANTHAPURAM DISTRICT.

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3. NADIRSHA @ KICHU, S/O.SIRAJUDHEEN, ASMA MANZIL, PUNNAKULAM, EDAVA P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT.

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BY ADV. SRI.BABU S. NAIR

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RESPONDENT(S):

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1. THE STATE OF KERALA,

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REPRESENTED BY THE PUBLIC PROSECUTOR,

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HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031 - FOR THE SUB INSPECTOR OF POLICE, AYIROOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT.

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2. SHIBI, D/O.NABEESA BEEVI, KINATTINKARA HOUSE, PARAYIL, EDAVA, VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT, PIN - 695 141.

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R2 BY ADV. SMT.SHAMSEERA. C.ASHRAF R1 BY PUBLIC PROSECUTOR SRI.AMJAD ALI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-11-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 7078 of 2017 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A- TRUE COPY OF THE F.I.R. IN CRIME NO.1178/2016 OF THE AYIROOR POLICE STATION DATED 24/11/2016.

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ANNEXURE B- TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DATED 05/10/2017.

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RESPONDENT(S)' EXHIBITS : NIL

/TRUE COPY/

P. A. TO JUDGE

SUNIL THOMAS, J.

Crl. M. C. No. 7078 of 2017

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Dated this the 2^nd day of November, 2017

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O R D E R

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The petitioners are the accused in Crime No.1178/2016 of Ayiroor Police Station, Thiruvananthapuram for offences punishable under Sections 143, 147, 148, 323, 354, 427 read with Section 149 IPC. The allegation of the de facto complainant was that, on 23.11.2016, the petitioners assaulted the de facto complainant and outraged her modesty. Complaint was laid and crime was registered. The investigation is progressing.

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In the meanwhile, the parties have approached this Court contending that the disputes have been resolved between the parties. An affidavit produced as Annexure B is relied on by the both sides to contend that the disputes have been resolved. Learned counsel for the 2^nd respondent reiterated that the affidavit was sworn to by her client and that it has been reported that the matter is settled.

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The learned Public Prosecutor on instructions submitted that, in the course of investigation, Section 354 IPC was deleted and the offences now alleged are only compoundable offences. It was also submitted that the settlement has been

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Crl. M. C. No. 7078 of 2017

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reported to the Police and the statement of the de facto complainant recorded.

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Having considered the fact that the parties have settled their disputes to the satisfaction of both sides, I feel that rather than directing the parties to proceed to the court below to compound their offence, this Court can, in exercise of the powers under Section 482 Cr.P.C., note the compromise entered into between the parties and quash the entire criminal proceedings in the interest of justice.

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Hence, Crl.M.C. is allowed. All further proceedings in Crime No.1178/2016 of Ayiroor Police Station, Thiruvananthapuram stand quashed.

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Sd/-

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SUNIL THOMAS, JUDGE.

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Shameer v. the State of Kerala

Case brief

What is this about?

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Shameer v. the State of Kerala

Case brief

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