Allowed

Anas v. State of Kerala

Kerala HC22 Jun 2018Crl.MC/3254/2018

Case brief

AI extract

What is this about?

Criminal Misc. No. 3254 of 2018 involving petitioners accused of cheating and intimidation. Disputes settled amicably. Court invoked Section 482 CrPC to quash pending proceedings on satisfaction that no larger public question existed.

What did the court decide?

Criminal Misc. No. 3254 of 2018 allowed; all further proceedings in CC No. 303/2015 pending before Judicial First Class Magistrate Court 1, Aluva quashed.

Anas Vs State of Kerala — Quashing and FIR | Kerala HC (2018)

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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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FRIDAY, THE 22ND DAY OF JUNE 2018 / 1ST ASHADHA, 1940

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Crl.MC.No.3254 of 2018

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C.C.NO.303/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT-1, ALUVA

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CRIME NO.1143/2014 OF ALUVA EAST POLICE STATION, ERNAKULAM

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PETITIONERS:-

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1 ANAS,

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S/O.MUHAMMED, MANNACHERIYIL HOUSE, KAITHAKKAD KARA, PATTIMATTOM VILLAGE.

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2 SIYAD,

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S/O.MAKKAR, MANNACHERIYIL HOUSE, KAITHAKKAD KARA,

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PATTIMATTOM VILLAGE, KARUMALLOOR.

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3 HASSAINAR, S/O.MEERAN, NATHEKKAD VEEDU, MUTTOM KARA, THODUPUZHA.

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BY ADV.SRI.RAJIV NAMBISAN

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RESPONDENTS:-

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1. STATE OF KERALA,

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REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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2. SHEHNA, W/O.ANAS,MANNACHERIYIL HOUSE, KAITHAKKAD KARA, PATTIMATTOM VILLAGE - 683 562.

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R2 BY ADV. SRI.A.M.UMAR NASEEF R1 BY PUBLIC PROSECUTOR SMT.V.SREEJA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22-06-2018,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.3254 of 2018

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APPENDIX

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PETITIONERS' ANNEXURES:

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ANNEXURE A TRUE COPY OF THE FINAL REPORT IN CC 303/15 ON THE FILE OF JFCM 1 ALUVA

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ANNEXURE B AFFIDAVIT OF THE SECOND RESPONDENT

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RESPONDENTS' ANNEXURES:

NIL

//True Copy//

P.A. To Judge

SUNIL THOMAS, J.

================================

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Crl.M.C.No.3254 of 2018

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================================

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Dated this the 22^nd day of June, 2018

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ORDER

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The petitioners are accused no. 1 to 3 in CC.No.303/2015 pending before Judicial First Class Magistrate Court 1, Aluva for offences punishable under section 447, 506(1) of IPC and section 118 (D) of Kerala

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Police Act.

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The prosecution allegation is that the first

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petitioner, who is the husband of defacto-complainant along with his friends, who are the remaining petitioners threatened the defacto-complainant over the mobile phone. The complaint was laid and crime was registered as Crime No. 1143/2014 of Aluva East Police Station. After investigation,

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final report was laid and the matter is now pending consideration.

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In the meanwhile, the parties have amicably settled

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Crl.M.C.No.3254 of 2018

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their disputes. Stating that the second respondent has no further grievances and she does not propose to proceed with the case, an affidavit has been affirmed by the second respondent, produced as Annexure B.

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The learned counsel for the second respondent acknowledged the due execution of the above affidavit and submitted that the criminal proceedings may be quashed.

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I am satisfied that the dispute is essentially in the

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nature of private dispute, without involvement of larger questions of public importance. Hence, I am inclined to invoke jurisdiction under Section 482 of Cr.P.C to quash the entire criminal proceedings.

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Crl.M.C is accordingly allowed. All further proceedings in CC.No.303/2015 pending before Judicial First Class Magistrate Court 1, Aluva stand quashed.

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Sd/-

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SUNIL THOMAS, JUDGE

ACM

//TRUE COPY//

PA TO JUDGE

Crl.M.C.No.3254 of 2018

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Anas v. State of Kerala

Case brief

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Anas v. State of Kerala

Case brief

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