Allowed

Ameer Ali, v. State of Kerala

Kerala HC18 Jul 2019Crl.MC/3504/2019

Case brief

AI extract

What is this about?

A Criminal Miscellaneous petition was filed to quash prosecution for offences under Sections 341, 323, 324 IPC read with Section 34 IPC. The court found a genuine settlement between the accused and the complainant. Consequently, the prosecution was quashed and the accused were released. The bail bond was discharged.

What did the court decide?

Prosecution in C.C. No. 369/2018 quashed; petitioners released from prosecution; bail bonds discharged.

Ameer Ali, Vs State of Kerala — Quashing and FIR | Kerala HC (2019)

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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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THURSDAY, THE 18TH DAY OF JULY 2019 / 27TH ASHADHA, 1941

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Crl.MC.No.3504 of 2019

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AGAINST CC 369/2018 of JUDICIAL MAGISTRATE OF FIRST CLASS NADAPURAM

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CRIME NO.26/2018 OF Kuttiyadi Police Station , Kozhikode

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PETITIONER/ACCUSED 1 TO 3:

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1 AMEER ALI, AGED 27 YEARS S/O. MOOSA RESIDING AT KOLAPULLAPARAMBATH HOUSE, DEVARKOIL, TALIYIL P.O., VATAKARA TALUK, KOZHIKODE DISTRICT 673 508.

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2 JAMSHEED,

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AGED 25 YEARS

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S/O. KUNJALANGURUKKAL RESIDING AT VENNAPPALICHIKANDI HOUSE, KAYAKKODI AMSOM, KODAKKAL KUTTIYADI VATAKARA, KOZHIKODE DISTRICT 673 508.

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3 MUHAMMED, AGED 28 YEARS S/O. KUNJAMMADKUTTY RESIDING AT PUTHANPURAYIL HOUSE, KAYAKKODI AMSOM, KODAKKAL KUTTIYADI VATAKARA, KOZHIKODE DISTRICT 673 508. BY ADVS. SRI.J.R.PREM NAVAZ MITHUN PAVANAN SHRI.SUMEEN S. SMT.PARVATHY S.KRISHNAN

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 018.

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2 MUHAMMED FAYIS, AGED 22 YEARS S/O. MOIDU, RESIDING AT THEKKE GANAPATHI VATTATH HOUSE, THALIYIL P.O., KUTTIYADI, VATAKARA TALUK, KOZHIKODE DISTRICT 673 508. BY ADV. SRI.AJOY VENU SRI AJITH MURALI-PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.3504 of 2019

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ORDER

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The petitioners herein are the accused Nos.1

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to 3 in C.C No.369/2018 of the Judicial First

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Class Magistrate Court, Nadapuram. They seek orders quashing the prosecution on the ground of amicable settlement of the whole dispute between them and the de facto complainant. Crime in this case was registered under Sections 341, 323 and 324 read with 34 of the Indian Penal Code on the complaint of one Muhammed Fayis, who is the 2^nd respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. He has filed affidavit to the effect that he has settled the whole dispute with the accused, and he has no grievance or complaint now.

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In so many decisions, the Hon'ble Supreme

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Court has held that even in cases involving noncompoundable offences, the High Court can quash the prosecution in pending proceedings, if the

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Crl.MC.No.3504 of 2019

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parties have really settled the whole dispute amicably out of court, and continuance of the prosecution will not serve any purpose in such a circumstance of amicable settlement. Here, I find a real and genuine case of settlement between the parties. This is not a case involving any public interest or public issue. The parties have come to terms amicably on the intervention of persons acceptable to both sides, and I am satisfied that the parties are now on quite cordial terms. In such a situation, continuance of the prosecution will not serve any purpose other than wasting the precious time of the court. No doubt, nobody will support the prosecution in such a situation, if the case goes to trial.

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In the result, this petition is allowed. The prosecution against the petitioners herein in C.C No.369/2018 of the Judicial First Class

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Magistrate's Court, Nadapuram will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioners will

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Crl.MC.No.3504 of 2019

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stand released from prosecution and the bail bond, if any, executed by them will stand discharged.

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Sd/P.UBAID ma /True copy/ JUDGE P.S to Judge

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Crl.MC.No.3504 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPORT/CHARGE SHEET IN CRIME NO. 26 OF 2018 OF KUTTIYADI POLICE STATION, KOZHIKODE DISTRICT.

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ANNEXURE A2 THE AFFIDAVIT SOLEMNLY AFFIRMED BY THE SECOND RESPONDENT DEFACTO COMPLAINANT.

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/True copy/ P.S to Judge

Ameer Ali, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ameer Ali, v. State of Kerala

Case brief

What is this about?

What did the court decide?

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