Allowed

Ashraf, v. State of Kerala

Kerala HC18 Nov 2020Crl.MC/2516/2020

Case brief

AI extract

What is this about?

The High Court of Kerala quashed criminal proceedings against four accused persons in a case involving offences under the IPC. The quashing was ordered based on an affidavit stating the dispute was settled amicably, the absence of criminal antecedents, and the fact that proceedings against co-accused were already quashed, invoking the Supreme Court's legal position on abuse of process.

What did the court decide?

The proceedings in C.C.No. 512 of 2019 on the files of the Judicial First Class Magistrate Court, Vatakara are quashed.

Ashraf, Vs State of Kerala — Quashing and FIR | Kerala HC (2020)

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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 V.G.ARUN

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WEDNESDAY, THE 18TH DAY OF NOVEMBER 2020 / 27TH KARTHIKA, 1942

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Crl.MC.No.2516 OF 2020(D)

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PROCEEDINGS IN C.C.NO.512/2019 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE, VADAKARA

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CRIME NO.696/2012 OF VADAKARA POLICE STATION

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PETITIONERS/ACCUSED NOS.9 TO 12:

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1 ASHRAF,

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AGED 47 YEARS

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S/O.MOIDU, VANNATHAN VEETIL, KUTTIADY, VATAKARA TALUK, KOZHIKODE.

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2 MAJEED,

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AGED 53 YEARS

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S/O.IBRAHIM, THUNDIPARAMBATH HOUSE, KAKKATIL KUNNUMAL, VATAKARA TALUK, KOZHIKODE.

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3 JALEEL,

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AGED 43 YEARS

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S/O.UMMER, VADEKKEPARAMBATH HOUSE, KAKKATIL KUNNUMAL, VATAKARA TALUK, KOZHIKODE.

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4 NOUSHAD, AGED 46 YEARS

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S/O.MAMMOOD, KUNDANGOTTE TAZHAKUNIYIL HOUSE, KAKKATIL KUNNUMAL, VATAKARA TALUK, KOZHIKODE- 673 106.

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BY ADV. SRI.ZUBAIR PULIKOOL

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RESPONDENT/STATE & DE FACTO COMPLAINANT:

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1 STATE OF KERALA,

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REPRESENTED BY PUBLIC PROSECUTOR,

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HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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2 THE PRINCIPAL, RANI PUBLIC SCHOOL, CHORODE, VATAKARA (PO), KOZHIKODE - 673 106.

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R2 BY ADV. K.SEENA R1 BY SRI. AMJAD ALI, SR. PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.2516 OF 2020(D)

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V.G.ARUN, J.

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Crl.M.C.No.2516 of 2020

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Dated this the 18^th day of November, 2020

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O R D E R

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Petitioners are the accused in Crime No.696 of 2012 registered at the Vatakara Police Station for offences punishable under Sections 143, 147, 448, 341, 323, 294(b) and 160 read with Section 149 of IPC, now pending as C.C.No.512 of 2019 on the files of the Judicial First Class Magistrate Court, Vatakara. The de facto complainant, at whose instance the crime was registered, is arrayed as the 2^nd respondent. Annexure - 2 affidavit has been filed by 2^nd respondent stating that the dispute, which led to registration of the crime, has been settled amicably and she has no subsisting grievance in the matter.

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Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioners have no criminal antecedents.

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Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by the 2^nd respondent, 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. The fact that as

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Crl.MC.No.2516 OF 2020(D)

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per Annexures 3 and 4, the case against the co-accused have been quashed by this Court, is also taken into consideration. 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.

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In the result, this Crl.M.C is allowed. The proceedings in C.C.No. 512 of 2019 on the files of the Judicial First Class Magistrate Court, Vatakara is quashed.

Sd/-

V.G.ARUN, JUDGE

Crl.MC.No.2516 OF 2020(D)

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APPENDIX

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PETITIONERS' EXHIBITS:

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ANNEXURE 1 TRUE COPY OF THE FINAL REPORT IN CRIME NO.696/2012 OF VATAKARA POLICE STATION. ANNEXURE 2 TRUE COPY OF THE AFFIDAVIT DATED 18/2/2020 EXECUTED BY THE 2ND RESPONDENT.

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ANNEXURE 3 TRUE COPY OF THE ORDER IN CRL.M.C.NO.6823/2018 PASSED BY THIS HON'BLE COURT.

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ANNEXURE 4 TRUE COPY OF THE ORDER IN CRL.M.C.378/2019 PASSED BY THIS HON'BLE COURT.

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RESPONDENTS' EXHIBITS: NIL

Ashraf, v. State of Kerala

Case brief

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Ashraf, v. State of Kerala

Case brief

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