Allowed

Nazeer v. State of Kerala

Kerala HC23 Oct 2019Crl.MC/6879/2019

Case brief

AI extract

What is this about?

Single judge of Kerala High Court set aside criminal proceedings in three pending cases involving private offences under IPC. Court held that settled nature and lack of public interest made it a fit case for quashing petitions under Section 482 Cr.P.C.

What did the court decide?

Petitions allowed; entire proceedings against petitioners in S.C.Nos. 179/2011, 231/2011 and C.P.No. 15/2011 under Crime No. 202/2009 are quashed.

Nazeer 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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WEDNESDAY, THE 23RD DAY OF OCTOBER 2019 / 1ST KARTHIKA, 1941

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Crl.MC.No.6879 OF 2019(H)

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S.C.NO.231/2011 OF PRINCIPAL SUB COURT,ATTINGAL

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CRIME NO.202/2009 OF Pallickal Police Station , Thiruvananthapuram

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PETITIONER/ACCUSED NO.1:

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NAZEER

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AGED 42 YEARS S/O. SHOUKATHALI, PUTHAN VEEDU, THOTTINVILA, ERUTHINADU KARA, KODUVAZHANNOR VILLAGE, TRIVANDRUM.

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BY ADV. SRI.E.A.HARIS

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RESPONDENTS/COMPLAINANT AND DE FACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA THROUGH SUB INSPECTOR, MATHILAKAM POLICE STATION, THRISSUR-680 685.

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2 SHEFEEK

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AGED 36 YEARS

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S/O. MUHAMMED ILLYAS, VALUPACHA VEEDU, PALLIKYAL DESOM, PALLIKYAL VILLAGE, TRIVANDRUM-695 602.

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BY ADVS.

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R2 SRI.M.A.AHAMMAD SAHEER SRI C S HRITHWIK-SR PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.10.2019, ALONG WITH Crl.MC.6886/2019(A), Crl.MC.6901/2019(C), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.6879,6886,6901 OF 2019 2

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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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WEDNESDAY, THE 23RD DAY OF OCTOBER 2019 / 1ST KARTHIKA, 1941

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Crl.MC.No.6886 OF 2019(A)

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S.C.NO.179/2011 OF PRINCIPAL SUB COURT,ATTINGAL

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CRIME NO.202/2009 OF Pallickal Police Station , Thiruvananthapuram

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PETITIONERS/ ACCUSED NOS.2 AND 4:

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1 SUDHEER AGED 30 YEARS S/O.SAINUDEEN, VILAYIN VEEDU, NEAR POTTIMUKKU, KALAMUTTOM, MANAMBOOR VILLAGE, THRIVANDRUM.

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2 SUDHEER, AGED 43 YEARS

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S/O.MUHAMMED ILLYAS, SAFEENA MANZIL, NEAR VADAKAN KADAVU TEMPLE, KALAMUTTOM, MANAMBOOR VILLAGE, THRIVANDRUM.

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BY ADV. SRI.E.A.HARIS

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RESPONDENTS/COMPLAINANT AND DE FACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA THROUGH SUB INSPECTOR, MATHILAKAM POLICE STATION, THRISSUR.

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2 SHEFEEK AGED 36 YEARS

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S/O.MUHAMMED ILLYAS, VALUPACHA VEEDU, PALLIKYAL DESOM, PALLIKYAL VILALGE, THRIVANDRUM-695 603

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BY ADVS.

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R2 SRI.M.A.AHAMMAD SAHEER SMT.V.SREEJA- PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.10.2019, ALONG WITH Crl.MC.6879/2019(H), Crl.MC.6901/2019(C), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.6879,6886,6901 OF 2019 3

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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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WEDNESDAY, THE 23RD DAY OF OCTOBER 2019 / 1ST KARTHIKA, 1941

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Crl.MC.No.6901 OF 2019(C)

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C.P.NO.15/2011 OF JUDICIAL MAGISTRATE OF FIRST CLASS-II, ATTINGAL

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CRIME NO.202/2009 OF Pallickal Police Station , Thiruvananthapuram

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PETITIONER/ACCUSED:

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SHEFEEK

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AGED 30 YEARS S/O. ABDUL VAHID, THANAKAVU VEEDU, NEAR PAALSOCIETY, KALAMUTTOM VETTUKADU KARA, MANAMBOOR VILLAGE, TRIVANDRUM.

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BY ADV. SRI.E.A.HARIS

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RESPONDENTS/COMPLAINANT AND DE FACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA THROUGH SUB INSPECTOR, MATHILAKAM POLICE STATION, THRISSUR.

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2 SHEFEEK

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AGED 36 YEARS, S/O. MUHAMMED ILLYAS, VALUPACHA VEEDU, PALLIKYAL DESOM, PALLIKYAL VILLAGE, TRIVANDRUM.

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BY ADVS.

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R2. SRI.M.A.AHAMMAD SAHEER SRI C S HRITHWIK-SR PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.10.2019, ALONG WITH Crl.MC.6879/2019(H), Crl.MC.6886/2019(A), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.6879,6886,6901 OF 2019 4

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O R D E R

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These applications are filed under Section 482 Cr.P.C

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for quashing the proceedings against the petitioners in the cases pending before the courts below on the basis of Crime No.202/2009 of Pallickal Police Station.

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The petitioners are the accused in the cases S.C.No.179/2011 and S.C.No.231/2011 on the file of the Assistant Sessions Court, Attingal and also in C.P.No.15/2011 on the file of the Court of the Judicial First Class Magistrate-II, Attingal. The offences alleged against the petitioners are punishable under Sections 341,324, 326 and 308 r/w 34 IPC. The 2^nd respondent in the applications 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 cases may be quashed.

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Heard the learned counsel for the petitioners and the learned counsel for the 2^nd respondent and also the learned Public Prosecutor.

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Crl.MC.No.6879,6886,6901 OF 2019 5

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I have perused the separate affidavits filed by the

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2^nd respondent, who has entered appearance through counsel. The 2^nd respondent has filed separate affidavits in the three cases. It is stated by him in the affidavits that the matter has been settled between him and the petitioners and that he has no objection to quash the proceedings against the petitioners in the cases. I am satisfied that the settlement arrived at between the parties is genuine.

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It is true that an offence punishable under Section 308 IPC is alleged against the petitioners. However, there is no element of public interest involved in the cases. The dispute between the parties is basically private in nature.

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In the aforesaid 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 cases.

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Crl.MC.No.6879,6886,6901 OF 2019 6

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Consequently, the petitions are allowed. The entire

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proceedings against the petitioners in the cases pending against them in the courts below, which are based on Crime No.202/2009 of Pallickal Police Station, are hereby quashed.

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Sd/-

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R. NARAYANA PISHARADI

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JUDGE

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LEK

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Crl.MC.No.6879,6886,6901 OF 2019 7

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APPENDIX OF Crl.MC 6879/2019

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN S.C.NO.231/2011 OF ASST-SESSIONS COURT, ATTINGAL.

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ANNEXURE A2 AFFIDAVIT OF THE DEFACTO COMPLAINANT/2ND RESPONDENT.

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Crl.MC.No.6879,6886,6901 OF 2019 8

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APPENDIX OF Crl.MC 6886/2019

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN SC NO.179/2011 OF ASST.SESSIONS COURT, ATTINGAL.

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ANNEXURE A2 AFFIDAVIT OF THE DEFACTO COMPLAINANT/2ND RESPONDENT.

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Crl.MC.No.6879,6886,6901 OF 2019 9

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APPENDIX OF Crl.MC 6901/2019

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN L.P.NO.147/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ATTINGAL.

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ANNEXURE A2 AFFIDAVIT OF THE DEFACTO COMPLAINANT/2ND RESPONDENT.

Nazeer v. State of Kerala

Case brief

What is this about?

What did the court decide?

Nazeer v. State of Kerala

Case brief

What is this about?

What did the court decide?

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