Allowed

Muhammed Aslam v. State of Kerala

Kerala HC3 Oct 2019Crl.MC/5890/2019

Case brief

AI extract

What is this about?

On an application for quashing criminal proceedings filed under Section 482 Cr.P.C., the High Court of Kerala held that since the dispute was purely private and settled via mediation, with remote chances of conviction, the principles in Parbatbhai Aahir allowed quashing of the case. There was no public interest involved.

What did the court decide?

The entire proceedings against the petitioners in C.C. No.528/2017 before the Chief Judicial Magistrate, Kalpetta, were quashed.

Muhammed Aslam 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 R. NARAYANA PISHARADI

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

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Crl.MC.No.5890 OF 2019(E)

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AGAINST THE ORDER IN CC 528/2017 OF CHIEF JUDICIAL MAGISTRATE , KALEPETTA

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CRIME NO.338/2017 OF Kalpetta Police Station , Wayanad

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PETITIONERS/ACCUSED 1 TO 5:

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1 MUHAMMED ASLAM AGED 35 YEARS S/O YOOSAF PALAKUNNUMMEL HOUSE, EMILY KALPETTA, VYTHIRI TALUK, WAYANAD DIST.

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2 ASTHAK BABU, S/O YOOSAF AGED 35 YEARS S/O YOOSAF PALAKUNNUMMEL HOUSE, EMILY KALPETTA.

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3 P.K.AYOOB, AGED 50 YEARS S/O YOOSAF PALAKUNNUMMEL HOUSE, GRAMATHUVAYAL KALPETTA.

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4 SHINOJ A, S/O ABDUL MAJEED, AGED 38 YEARS, SHAHAMA HOUSE, RATTAKOLLY, KALPETTA.

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5 ABDUL ARIF, S/O SAIDALAVI, AGED 45 YEARS, THARAKKAL HOUSE, AMBILERY ROAD, KALPETTA

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BY ADV. SMT.CELINE JOSEPH

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RESPONDENTS/STATE AND CW1:

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1 STATE OF KERALA STATION HOUSE OFFICER, KALPETTA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALAM ERNAKULAM

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2 SALIM@ABDUL SALEEM S/O NASER, AGED 25 YEARS.

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Crl.MC.No.5890 OF 2019(E)

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PALAPPUZHA HOUSE, NEAR BAJANA MAT, EMILY, KALPETTA VILLAGE, VYTHIRI TALUK, WAYANAD DISTRICT, PIN 673 121

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R2 BY ADV. M.R.JAYALATHA

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R1 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.5890 OF 2019(E)

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NARAYANA PISHARADI, J

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Crl.M.C No.5890 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 petitioners in the case C.C No.528/2017 on the file of the Court of the Chief Judicial Magistrate, Kalpetta.

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The petitioners are accused 1 to 5 in the aforesaid case.

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The allegation against them is that they have committed the offences punishable under Sections 143,147,148, 323, 324, 341 and 506 read with 149 IPC. The second respondent is the victim of the offences allegedly committed by the petitioners. It is submitted that the matter has been settled between him and the petitioners. Therefore, it is prayed that the proceedings against the petitioners in the case may be quashed

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Heard the learned counsel for the petitioners and the the second respondent and also the learned Public Prosecutor.

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I have perused the affidavit filed by the second respondent,

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who has entered appearance through counsel. It is stated in the affidavit filed by him that the matter between him and the petitioners

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Crl.MC.No.5890 OF 2019(E)

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has been settled through mediation and that he has no objection to quash the proceedings against the petitioners. I am satisfied that the settlement arrived at between the parties is genuine. 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 petitioners is allowed to continue, chances of conviction of them are very remote and bleak. I am satisfied that, in the light of the principles laid down by the Apex Court in Parbatbhai Aahir v. State of Gujarat (AIR 2017 SC 4843), the power of this Court under Section 482 Cr.P.C can be exercised to quash the proceedings against the petitioners.

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In the result, the petition is allowed. The entire proceedings against the petitioners in the case C.C No.528/2017 on the file of the Court of the Chief Judicial Magistrate, Kalpetta are hereby quashed.

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Sd/-R. NARAYANA PISHARADI JUDGE

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lsn

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Crl.MC.No.5890 OF 2019(E)

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APPENDIX

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PETITIONERS EXHIBITS:

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ANNEX.A: COPY OF THE FIR AND F.I.STATEMENT DATED 28.06.2017 IN CRIME NO.338/2017

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ANNEX.B: COPY OF THE FINAL REPORT DATED 20.07.2017 IN CRIME NO. 338/2017.

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ANNEX.C: COPY OF THE MEMORANDUM OF EVIDENCE IN CRIME NO.338/2017.

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ANNEX.D: COPY OF THE AFFIDAVIT DATED 18.07.2019 AFFIRMED BY THE RESPONDENT NO.2

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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

Muhammed Aslam v. State of Kerala

Case brief

What is this about?

What did the court decide?

Muhammed Aslam v. State of Kerala

Case brief

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