This court quashed criminal proceedings instituted under Section 395 IPC against the petitioner as a result of a post-dispute settlement, holding that continued proceedings would amount to an abuse of process following reliance on Supreme Court precedents.
The criminal proceedings under Crime No.560/2000 and L.P.No.208/2005 are quashed.
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 V.G.ARUN
WEDNESDAY, THE 09TH DAY OF DECEMBER 2020/18TH AGRAHAYANA, 1942
Crl.MC.No.2266 OF 2020(C)
AGAINST THE JUDGMENT IN LP 208/2005 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,TIRUR
CRIME NO.560/2000 OF Tirur Police Station, Malappuram
PETITIONER:
GAFOOR,
AGED 41 YEARS
S/O.HUSSAIN, KOLAJIYARAKATH HOUSE, PONNANI NAGARAM P.O., PONNANI TALUK, MALAPPURAM DISTRICT - 679 583.
BY ADV. SRI.P.RAMACHANDRAN
RESPONDENTS:
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
W/O.MUHAMMEDKUTTY, AGED 70 YEARS, ARAYACHANTEPURAKKAL HOUSE, PURATHUR AMSOM, PADINJAREKKARA DESOM, TIRUR TALUK, MALAPPURAM DISTRICT -676 102.
S/O.MUHAMMEDKUTTY, AGED 43 YEARS, ARAYACHANTEPURAKKAL HOUSE, PURATHUR AMSOM, PADINJAREKKARA DESOM, TIRUR TALUK, MALAPPURAM DISTRICT - 676 102.
TIRUR POLICE STATION, TIRUR P.O., MALAPPURAM DISTRICT - 676 101.
R2-3 BY ADV. SRI.P.K.SAJEEV
SR.PP.AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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V.G.ARUN, J.
=========================== Crl.M.C.No.2266 of 2020
===========================
Dated this the 9th day of December, 2020
ORDER
Petitioner is the accused in Crime No.560 of 2000
registered at the Tirur Police Station for offences punishable under Section 395 of IPC, now pending as L.P.No.208 of 2005 on the file of Judicial First Class Magistrate Court, Tirur.
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nature of the injury caused and having perused the affidavit filed by 2nd and 3rd respondents, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and that no public interest is involved in this matter. Moreover, in view of the settlement, possibility of the criminal proceedings ending in conviction is remote. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] and Gian Singh v. State of Punjab and another [(2012) 10 SCC 303], there is no impediment in granting the relief sought.
Sd/-
V.G.ARUN JUDGE
lgk
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE I CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.560/2000 OF TIRUR POLICE STATION SUBMITTED BY THE SUB INSPECTOR OF POLICE, TIRUR, MALAPPURAM BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, TIRUR.
ANNEXURE II CERTIFIED COPY OF THE JUDGMENT DATED 30/11/2007 IN S.C.181/2003 ON THE FILE OF THE COURT OF ADDITIONAL SESSIONS JUDGE FAST TRACK COURT NO.III (ADHOC), MANJERI.
ANNEXURE III TRUE COPY OF THE JUDGMENT DATED 21/01/2015 IN S.C.NO.497/2011 ON THE FILE OF COURT OF ADDITIONAL SESSIONS JUDGE-III, MANJERI.
ANNEXURE IV AFFIDAVIT OF THE 2ND RESPONDENT. ANNEXURE V AFFIDAVIT OF THE 3RD RESPONDENT.
1 issue framed by the court
Whether the criminal proceedings under Section 395 IPC against the petitioner should be quashed in view of the post-dispute settlement and acquittal of co-accused?
Colour shows how this judgement treated each authority
Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582]Referred¶38
3 provisions across 3 enactments
Gafoor
The State of Kerala
Nafeesa
Muhammedali
The Station Home Officer, Tirur
V. G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
