Allowed

Rasik.C v. Abdul Samad.E.K.P

Kerala HC3 Oct 2019Crl.MC/4808/2019

Case brief

AI extract

What is this about?

A single judge quashed criminal proceedings under Section 482 Cr.P.C. The matter involved compoundable offences of assault and apprehension of violence. Finding the dispute private and settled via the first respondent's affidavit, the court declined to remand parties to the trial court and quashed the case.

What did the court decide?

The entire proceedings against the petitioner in C.C No.238/2016 were quashed.

Rasik.C Vs Abdul Samad.E.K.P — Criminal Trial and Appeal | 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 R. NARAYANA PISHARADI

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THURSDAY, THE 03RD DAY OF OCTOBER 2019 / 11TH ASWINA, 1941

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Crl.MC.No.4808 OF 2019(A)

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AGAINST THE ORDER IN CC 238/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,PAYYANNUR

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CRIME NO.64/2010 OF Payangadi Police Station , Kannur

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PETITIONER/ACCUSED:

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RASIK.C AGED 34 YEARS S/O ABDUL RAHIM, CHILEL HOUSE, MATTOOL AMSOM, MATTOOL NORTH, KANNUR DISTRTCT, PIN 670 325.

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BY ADV. SRI.ZUBAIR PULIKKOOL

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RESPONDENTS/COMPLAINANT:

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1 ABDUL SAMAD.E.K.P AGED 30 YEARS S/O MAHAMOOD, ITTOL KANDATHILE PURAYIL HOUSE, MATTOOL AMSOM, MATTOOL NORTH, KANNUR DISTRICT, PIN-670 325.

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2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.

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R1 BY ADV. P.S.BINU R2 SMT V SREEJA-PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.4808 OF 2019(A)

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R. NARAYANA PISHARADI, J

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Crl.M.C No.4808 of 2019

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Dated this the 03^rd day of October, 2019

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O R D E R

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This is an application filed under Section 482 Cr.P.C for quashing the proceedings against the petitioner in the case C.C No.238/2016 on

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the file of the Court of the Judicial First Class Magistrate, Payyannur.

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The petitioner is the accused in the aforesaid case. The allegation against him is that he has committed the offences punishable under Sections 341 and 325 read with 34 IPC. The first respondent is the victim of the offences allegedly committed by the petitioner. It is submitted that the matter has been amicably settled between the petitioner and the first respondent. Therefore, it is prayed that the proceedings against the petitioner in the case may be quashed.

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Heard learned counsel for the petitioner and the first respondent and also the learned Public Prosecutor.

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I have perused the affidavit filed by the first respondent, who has entered appearance through counsel. It is stated in the affidavit filed by him that the dispute between him and the petitioner

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Crl.MC.No.4808 OF 2019(A)

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has been settled and that he has no objection to quash the proceedings against the petitioner. There is no public interest involved in the case. The dispute between the parties is basically private in nature. It is true that the offences alleged against the petitioner are compoundable. However, since the first respondent has compounded the matter and filed affidavit before this Court, I find it not necessary to relegate the parties to the trial court to record the compromise. In these circumstances, I find that the proceedings against the petitioner in the case can be quashed.

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In the result, the petition is allowed. The entire proceedings against the petitioner alone in the case C.C No.238/2016 on the file of the Court of the Judicial First Class Magistrate, Payyannur are hereby quashed.

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Sd/-R. NARAYANA PISHARADI

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JUDGE

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lsn

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Crl.MC.No.4808 OF 2019(A)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE 1 COPY OF THE FINAL REPORT IN CRIME NO 64/2010 OF PAZHAYANGADI POLICE STATION ANNEXURE 11 SWORN AFFIDAVIT OF 1ST RESPONDENT

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RESPONDENTS EXHIBITS : NIL

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TRUE COPY

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P.A TO JUDGE

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LSN

Rasik.C v. Abdul Samad.E.K.P

Case brief

What is this about?

What did the court decide?

Rasik.C v. Abdul Samad.E.K.P

Case brief

What is this about?

What did the court decide?

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