Allowed

Ashraf v. State of Kerala

Kerala HC18 Jul 2019Crl.MC/3574/2019

Case brief

AI extract

What is this about?

The High Court allowed a petition to quash prosecution under Section 482 CrPC. The court found a genuine amicable settlement between the accused and the complainant in a non-compoundable offence. Consequently, the prosecution and bail bond were discharged.

What did the court decide?

The prosecution against the petitioner in C.C.No.502/2016 is quashed under Section 482 CrPC; petitioner released from prosecution and bail bond discharged.

Ashraf 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.3574 of 2019

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CC 502/2016 of JUDICIAL FIRST CLASS MAGISTRATE COURT -II, ERNAKULAM CRIME NO.85/2004 OF ERNAKULAM CENTRAL POLICE STATION

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PETITIONER/ACCUSED :-

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ASHRAF, AGED 51 YEARS, S/O.MOIDHEEN, MANNAMKUZHIYIL HOUSE, U.C.COLLEGE P.O., EAST VELIYATHUNADU, ALUVA VILLAGE, ERNAKULAM DISTRICT - 683 102.

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BY ADV. SRI.K.S.DHANESH KUMAR

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RESPONDENTS/COMPLAINANT :-

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM REPRESENTED BY INSPECTOR OF POLICE, ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM DISTRICT - 31.

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2 SHIBU, AGED 42 YEARS, S/O.JOSEPH, PALLIPARAMBIL HOUSE, AKG NAGAR, THAMMANAM P.O., THAMMANAM DESOM, POONITHURA VILLAGE, KANYANOOR TALUK, ERNAKULAM DISTRICT, PIN - 682 032.

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R2 BY ADV. SRI.V.S.NEENESHKUMAR R1 BY SRI.AJITH MURALI, PUBLIC PROSECUTOR

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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:

Crl.MC.No.3574/2019

-: 2 :-

O R D E R

The petitioner herein is the sole accused in

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C.C.No.502/2016 of the Judicial First Class Magistrate Court-II, Ernakulam. He seeks orders quashing the prosecution on the ground of amicable settlement of the whole dispute between him and the de facto complainant. Crime in this case was registered under Sections 323 and 326 IPC on the complaint of one Shibu, who is the 2^nd respondent in this proceeding brought under Section 482

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of the Code of Criminal Procedure. He has filed

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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 Court has held that even in cases involving non-compoundable offences, the High Court can quash the prosecution in pending proceedings, if the 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.

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Crl.MC.No.3574/2019

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-: 3 :-

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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 petitioner herein in C.C.No. 502/2016 of the Judicial First Class Magistrate CourtII, Ernakulam will stand quashed under Section 482 of

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the Code of Criminal Procedure. Accordingly, the petitioner will stand released from prosecution and the

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bail bond, if any, executed by him will stand discharged.

Sd/P.UBAID JUDGE

Jvt/18.7.2019

Crl.MC.No.3574/2019

-: 4 :-

APPENDIX

PETITIONER'S ANNEXURES :-

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ANNEXURE 1 CERTIFIED COPY OF	THE FIRST INFORMATION REPORT
DATED 3.2.2004 OF	POLICE ERNAKULAM CENTRAL POLICE
STATION, ERNAKULAM	DISTRICT.

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ANNEXURE 2	CERTIFIED COPY OF THE FINAL REPORT SUBMITTED BY
	THE INSPECTOR OF POLICE ERNAKULAM CENTRAL POLICE
	STATION, ERNAKULAM DISTRICT DATED 23.2.2004.
ANNEXURE 3	ORIGINAL OF AFFIDAVIT DATED 26.4.2019, SWORN BY
	THE DEFACTO COMPLAINANT/2ND RESPONDENT.

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RESPONDENT'S ANNEXURES :- NIL

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//TRUE COPY//

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P.A. TO JUDGE2

Ashraf v. State of Kerala

Case brief

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Ashraf v. State of Kerala

Case brief

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