Allowed

Hashim T P v. Ismail

Kerala HC18 Oct 2019Crl.MC/5953/2019

Case brief

AI extract

What is this about?

In this criminal miscellaneous case, the Kerala High Court allowed the quashing of criminal proceedings against the accused under Section 482 Cr.P.C. Finding the dispute private and settled between parties, the Court held no public interest was involved, making it a fit case for quashing.

What did the court decide?

The entire proceedings against the petitioner alone in C.P No.11/2019 on the file of the Court of the Judicial First Class Magistrate-IV, Kozhikode are quashed.

Hashim T P Vs Ismail — Cheating and Forgery | 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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FRIDAY, THE 18TH DAY OF OCTOBER 2019 / 26TH ASWINA, 1941

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Crl.MC.No.5953 OF 2019(D)

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AGAINST THE ORDER/JUDGMENT IN CP 11/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -IV,KOZHIKODE

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CRIME NO.330/2018 OF Vellayil Police Station , Kozhikode

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PETITIONER/ACCUSED:

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HASHIM T P AGED 26 YEARS S/O. MOIDEEN KOYA, 'VANADIKKARAKATHU' THAMPRAM, NADAKKAVU. P.O., KOZHIKODE - 673 011.

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BY ADV. SRI.P.B.SAJITH

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RESPONDENTS/DE-FACTO COMPLAINANT/STATE:

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1 ISMAIL, AGED 33 YEARS S/O. IBRAHIM HAJI, 'THIRUKOTH HOUSE', KADAMERI P.O., AYANCHERI, KOZHIKODE - 673 542.

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2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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R1 BY ADV. R.SUDHISH

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SRI C S HRITHWIK-SR PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.5953 OF 2019

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ORDER

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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.P No.11/2019 on the file of the Court of the Judicial First Class Magistrate-IV, Kozhikode.

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The petitioner is the accused in the aforesaid case.

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The allegation against him is that he has committed the offences punishable under Sections 341, 324 and 308 IPC. The first respondent is the victim of the offences allegedly committed by the petitioner. It is submitted that the matter has been settled between him and the petitioner. Therefore, it is prayed that the proceedings against the petitioner in the case may be quashed.

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Heard the 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 that the dispute between him and the petitioner has been settled out of court. I am satisfied that

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Crl.MC.No.5953 OF 2019

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the settlement arrived at between the parties is genuine.

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It is true that an offence punishable under Section

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308 IPC is alleged against the petitioner. However, there is no element of public interest involved in the case. The dispute between the parties is basically private in nature. In these circumstances, I am satisfied that, this is a fit case in which the proceedings against the petitioner can be quashed by invoking the power of this Court under Section 482 Cr.P.C.

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Consequently, the petition is allowed. The entire

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proceedings against the petitioner alone in the case C.P No.11/2019 on the file of the Court of the Judicial First Class Magistrate-1V, Kozhikode, are hereby quashed.

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Sd/-

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R. NARAYANA PISHARADI

JUDGE

rpk

Crl.MC.No.5953 OF 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE - 1 SERVED COPY OF F.I.R. IN CRIME NO.330/2018 OF VELLAYIL POLICE DATED 03.12.2018. ANNEXURE - 2 SERVED COPY OF FINAL REPORT (WITNESS MEMO, STATEMENT OF WITNESS UNDER SECTION 162 CR. P.C., SEEN MAHAZAR AND CHARGE), IN C.P. 11/2019 OF JUDICIAL FIRST CLASS MAGISTRATE -IV, KOZHIKODE. ANNEXURE - 3 ORIGINAL OF THE AFFIDAVIT FILED BY THE 1ST RESPONDENT DATED 12.08.2019.

Hashim T P v. Ismail

Case brief

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What did the court decide?

Hashim T P v. Ismail

Case brief

What is this about?

What did the court decide?

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