Allowed

Babu @ Baburaj v. Musthafa

Kerala HC1 Oct 2019Crl.MC/5520/2019

Case brief

AI extract

What is this about?

The Kerala High Court quashed criminal proceedings against the petitioner in a case involving sections 341, 324, and 427 IPC read with section 34 IPC, based on the victim's affidavit confirming an amicable settlement and the absence of public interest.

What did the court decide?

The entire proceedings against the petitioner in C.C No. 3980/2012 before the Judicial First Class Magistrate, Kodungalloor, were quashed.

Babu @ Baburaj Vs Musthafa — 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 R. NARAYANA PISHARADI

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TUESDAY, THE 01ST DAY OF OCTOBER 2019 / 9TH ASWINA, 1941

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Crl.MC.No.5520 OF 2019(H)

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AGAINST THE ORDER IN CC 3980/2012 OF JUDICIAL MAGISTRATE OF FIRST CLASS , KODUNGALLOOR

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CRIME NO.51/2010 OF Valappad Police Station , Thrissur

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PETITIONER/1ST ACCUSED:

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BABU @ BABURAJ AGED 42 YEARS S/O. KRISHNAN, MONGADI HOUSE, EDASSERI DESOM, THALIKULAM VILLAGE, THRISSUR.

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BY ADV. SRI.I.DINESH MENON

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RESPONDENTS/COMPLAINANT:

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1 MUSTHAFA

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AGED 41 YEARS S/O. KUNHIMUHAMMED, KARAPPAMVEETIL HOUSE, CHETTUVA P.O., THRISSUR 680 616.

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2 STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, VALAPPAD POLICE STATION, THRISSUR DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.

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R1 BY ADV. L.RAJESH NARAYAN R2 BY SMT. V. SREEJA, PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.5520 OF 2019(H)

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R. NARAYANA PISHARADI, J

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Crl.M.C No.5520 of 2019

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Dated this the 01^st 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

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the proceedings against the petitioners in the case C.C No.3980/2012 on the file of the Court of the Judicial First Class Magistrate, Kodungalloor.

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The petitioner is the accused in the aforesaid case. The allegation against him is that, along with other accused in the case, he committed the offences punishable under Sections 341,324 and 427 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 him and the petitioner. Therefore, it is prayed that the proceedings against the petitioner may be quashed.

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Heard the learned counsel for the petitioner and the learned counsel for 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

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Crl.MC.No.5520 OF 2019(H)

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affidavit filed by him that the matter has been settled between him and the petitioner and that he has no objection to quash the proceedings against the petitioner. I am satisfied that the matter has been settled between the petitioner and the first respondent. There is no public interest involved in the case. The dispute between the parties is basically private in nature. Even if the prosecution against the petitioner is allowed to continue, in the light of the stand now taken by the first respondent, who is the victim of the offences allegedly committed by the petitioner, possibility of conviction of the petitioner is very remote and bleak. In these circumstances, in the light of the principles laid down by the Apex Court in Parbatbhai Aahir v. State of Gujarat (AIR 2017 SC 4843) , I am satisfied that this is a fit case in which the power of this Court can be exercised under Section 482 Cr.P.C to quash the proceedings against the petitioner.

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In the result, the petition is allowed. The entire proceedings against the petitioner in the case C.C No.3980/2012 on the file of the Court of the Judicial First Class Magistrate, Kodungalloor are hereby quashed.

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Sd/-R. NARAYANA PISHARADI JUDGE

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lsn

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Crl.MC.No.5520 OF 2019(H)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A/1 TRUE COPY OF THE FIR AND FIS DATED 17.1.2010 ANNEXURE A/2 TRUE COPY OF THE FINAL REPORT DATED 15.2.2010. ANNEXURE A/3 TRUE COPY OF THE AFFIDAVIT DATED 29.7.2019

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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

Babu @ Baburaj v. Musthafa

Case brief

What is this about?

What did the court decide?

Babu @ Baburaj v. Musthafa

Case brief

What is this about?

What did the court decide?

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