High Court quashed criminal proceedings against three accused in a First Class Magistrate case under Section 482 Cr.P.C. The court found the dispute private in nature, genuine settlement agreed by the victim, and no public interest involved, fitting the criteria for quashing.
Quashing of entire criminal proceedings against the petitioners in C.C.No.932/2017.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
WEDNESDAY, THE 30TH DAY OF OCTOBER 2019 / 8TH KARTHIKA, 1941
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C.C.NO.932/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,HOSDRUG CRIME NO.19/2017 OF Bekal Police Station , Kasargod
PETITIONERS/ACCUSED 1 TO 3:
1 MAJEED.M.A AGED 52 YEARS S/O.ABOOBACKER, RESIDING AT ILLYAS NAGAR, PALLIKKARA VILLAGE, BAKEL FORT P.O., HOSDURG TALUK, KASARAGOD DISTRICT.
2 ABDUL RAHIMAN B.K., AGED 34 YEARS S/O.ABBAS HAJI, RESIDING AT ILLYAS NAGAR, PALLIKKARA VILLAGE, BAKEL FORT P.O., HOSDURG TALUK, KASARAGOD DISTRICT.
3 MUHAMMED B.K., AGED 42 YEARS S/O.ABBAS HAJI, RESIDING AT RIFAHIYA MANZIL, ILLYAS NAGAR, PALLIKKARA VILLAGE, BAKEL FORT P.O., HOSDURG TALUK, KASARAGOD DISTRICT.
BY ADVS. SRI.T.MADHU SMT.C.R.SARADAMANI
RESPONDENTS/STATE:
1 THE STATE OF KERALA THOUGH THE STATION HOUSE OFFICER, BAKEL POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
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2 FAIZAL MAHIN K.K AGED 39 YEARS S/O.MAHIN, RESIDING AT FAIZAL VILLA, ILLYAS NAGAR, BAKEL P.O., PALLIKKARA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT-671318. BY ADVS. R2 SRI.A.MANIKANDAN SRI C S HRITHWIK-SR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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O R D E R
This is a petition filed under Section 482 Cr.P.C for quashing the proceedings against the petitioners in the case C.C.No.932/2017 on the file of the Court of the Judicial First Class Magistrate-II, Hosdurg.
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the case. I am satisfied that the settlement arrived at between the parties is genuine. The dispute between the parties is basically private in nature. There is no element of public interest involved in the case. In these circumstances, I find that this is a fit case in which the power of this Court under Section 482 Cr.P.C can be invoked to quash the proceedings against the petitioners in the case.
Consequently, the petition is allowed. The entire proceedings against the petitioners in the case C.C.No.932/2017 on the file of the Court of the Judicial First Class Magistrate-II, Hosdurg, are hereby quashed.
Sd/-
R. NARAYANA PISHARADI
JUDGE
LEK
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE TRUE CERTIFIED COPY OF THE FIR IN CRIME NO.19/2017 OF BEKAL POLICE STATION. ANNEXURE A2 THE TRUE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.19/2017 OF BEKAL POLICE STATION. ANNEXURE A3 THE AFFIDAVIT DATED 3.8.2019 SWORN IN BY THE SECOND RESPONDENT.
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3 issues framed by the court
Whether the criminal proceedings can be quashed under Section 482 Cr.P.C upon settlement between parties in a private dispute.
Whether the offence committed is of a private nature without public interest element warranting quashing.
Whether the order of settlement is genuine and the dispute is suitable for invocation of quashing power.
1 provisions across 1 enactments
Majeed.M.A
Abdul Rahiman B.K.
Muhammed B.K.
Faizal Mahin K.K
The State of Kerala
R. Narayana Pisharadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
