Allowed

Sadiq Jaleel v. State of Kerala

Kerala HC5 Apr 2018Crl.MC/1008/2018

Case brief

AI extract

What is this about?

The petitioner appealed against his conviction for creating obscene photographs offending a woman's modesty. The parties settled their dispute via family intervention before trial. The High Court quashed the criminal proceedings invoking the power under Section 482 Cr.P.C. to meet the ends of justice given the settlement and lack of public importance.

What did the court decide?

Criminal Miscellaneous Case allowed; further proceedings in CC.No.2002/2017 on charges of creating obscene photographs quaudashed.

Sadiq Jaleel Vs State of Kerala — Cheating and Forgery | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

¶4

THURSDAY, THE 5TH DAY OF APRIL 2018 / 15TH CHAITHRA, 1940

¶5

Crl.MC.No. 1008 of 2018

¶6

PENDING AS CC 2002/2017 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KADAKKAL

¶7

CRIME NO. 1805/2017 OF CHADAYAMANAGALAM POLICE STATION , KOLLAM

¶8

PETITIONER(S)/ACCUSED:-

¶9

SADIQ JALEEL AGE 27, S/O.ABDUL JALEEL, A.J.HOUSE, KARALIKONAM, MANIYANMUKKU, ELAMADU VILLAGE, KOLLAM DISTRICT.

¶10

BY ADV.SRI.SHAJIN S.HAMEED

¶11

RESPONDENT(S)/STATE & CW1:-:

¶12

1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHADAYAMANGALAM POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

¶13

2. AJMI @ AJMIYA AGE 19, D/O.SAJEENA, AJMI MANZIL, MANIYANMUKKU, KARALIKKONAM, ELAMADU VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT, PIN CODE: 695133.

¶14

R2 BY ADV. SRI.A.K.RAJESH R1 BYC.N.PRABHAKARAN, PUBLIC PROSECUTOR

¶15

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶16

Crl.MC.No. 1008 of 2018 ()

¶17

APPENDIX

¶18

PETITIONER(S)' EXHIBITS

¶19

ANNEXURE A. CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1805/2017 OF CHADAYAMANGALAM POLICE STATION.

¶20

ANNEXURE B. AFFIDAVIT SWORN BY THE 2ND RESPONDENT.

¶21

RESPONDENT(S)' EXHIBITS NIL

¶22

R.AV //TRUE COPY//

¶23

PA TO JUDGE

¶24

SUNIL THOMAS, J.

¶25

Crl.M.C.No.1008 of 2018

¶26

Dated this the 5^th day of April, 2018

¶27

O R D E R

¶28

The defacto complainant, who is the

¶29

second respondent herein alleged that the petitioner herein, with the intention of outraging the modesty of the defacto complainant created obscene photographs depicting it as that of the defacto complainant and forwarded it to various persons. Pursuant to a complaint laid by her, crime was registered and in the course of investigation, the petitioner was arrayed as the accused in Crime No.1805/2017 of Chadayamangalam Police Station for offences punishable under section 354 of the Indian Penal Code and section 119(b) of the Kerala Police Act. The matter is now pending as CC.No.2002/2017 on the files of the Judicial First Class magistrate Court, Kadakkal. Pending the proceedings, the parties are stated to have resolved

¶30

Crl.M.C.No.1008 of 2018

¶31

¶32

their dispute. It is stated that it was resolved pursuant to the interference of the parents and the relatives of the defacto complainant. The learned counsel for the petitioner and the learned counsel for the second respondent relied on Annexure-B affidavit, affirmed by the defacto complainant reiterating the settlement. The learned Public Prosecutor submitted that the statement of the victim has been recorded, wherein she has referred to the settlement between the parties.

¶33

Even though, serious allegations are raised against the petitioner herein, the parties are stated to have resolved their dispute. Both the counsel endorsed this and it is evident that the statement given to the police as well as Annexure-B, which discloses a settlement between the parties. The issue does not involve any matter of public importance. Hence, I am inclined to hold that this is a case in which section 482 Cr.P.C can legitimately be invoked to meet the ends of justice.

¶34

Crl.M.C.No.1008 of 2018

¶35

¶36

Accordingly, Crl.M.C is allowed. All further proceedings in CC.No.2002/2017 on the files of the Judicial First Class Magistrate Court, Kadakkal arising from Crime No.1805/2017 of Chadayamangalam Police Station will stand quashed.

¶37

Sd/-

¶38

SUNIL THOMAS, JUDGE

¶39

R.AV

¶40

//True Copy//

¶41

PA to Judge

Sadiq Jaleel v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sadiq Jaleel v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sherin v.John Vs State of Kerala

Vishnu Vs the State of Kerala

Muhammedali Vs the State of Kerala

Ganeshan P.K Vs State of Kerala

Hussain Vs State of Kerala

Mubeen Musthafa Vs State of Kerala