The Court allowed the petition to quash criminal proceedings under IPC provisions regarding a public disturbance. The dispute leading to the incident was resolved amicably by the complainant, making continuance of trials an abuse of process.
Criminal proceeding C.C.No.333/2019 on the files of Judicial First Class Magistrate Court, Kasaragod is 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 23RD DAY OF SEPTEMBER 2020 / 1ST ASWINA, 1942
Crl.MC.No.2531 OF 2020(F)
AGAINST THE ORDER IN CC 333/2019 OF CHIEF JUDICIAL MAGISTRATE ,KASARAGOD
CRIME NO.467/2013 OF Kasaragod Police Station , Kasargod
PETITIONER/ACCUSED 1 AND 2:
1 MOHAMMED SHAMSEER
AGED 29 YEARS S/O. SHAFI A.M., TAHIR HOUSE, NEAR GULF QUARTERS, CHOORI, KUDLU, KASARGOD-671 124.
2 JABID
S/O. ABDUL HAMEED, JABID MANZIL, CHOORI, KUDLU, KASARGOD-671 124.
BY ADVS. SRI.K.K.MOHAMED RAVUF SRI.P.CHANDRASEKHAR
RESPONDENT/STATE AND DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. (REPRESENTING STATION HOUSE OFFICER, KASARGOD POLICE STATION, KASARGOD DISTRICT).
2 KRISHNA RAJ
S/O. RAVINDRAN, KALA NIVAS, VISHNU MOORTHI NAGAR, BELA, KASARGOD DISTRICT-671 321.
R2 BY ADV. A DYUTHISENAN
OTHER PRESENT:
SR.PP.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.2531 OF 2020(F) ..2..
ORDER
Dated this the 23rd day of September 2020
Petitioners are the accused in Crime No.467/2013 registered at the Kasaragod Police Station for offences punishable under Sections 143, 147, 341, 323, 153(A) r/w 149 of IPC, now pending as C.C.No.333/2019 on the files of the Judicial First Class Magistrate Court, Kasaragod. The de facto complainant, at whose instance the crime was registered, is arrayed as the 2nd respondent. Annexure-A-3 affidavit has been filed by the 2nd respondent stating that the dispute which led to the incident and registration of the crime, has been resolved amicably and he has no subsisting grievance in the matter.
Crl.MC.No.2531 OF 2020(F) ..3..
Crl.MC.No.2531 OF 2020(F) ..4..
there is no impediment in granting the relief sought.
In the result, this Crl.M.C is allowed. The
proceedings in C.C.No.333/2019 on the files of the Judicial First Class Magistrate Court, Kasaragod is quashed.
SB/23/09/2020
Sd/V.G.ARUN JUDGE
Crl.MC.No.2531 OF 2020(F) ..5..
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.467/2013 OF KASARGOD POLICE STATION.
ANNEXURE A2 CERTIFIED COPY OF FINAL REPORT IN C.C.NO.333/2019 ON THE FILES OF CHIEF JUDICIAL MAGISTRATE COURT, KASARGOD.
ANNEXURE A3 AFFIDAVIT DATED 2.3.2020 SWORN TO BY THE 2ND RESPONDENT.
// true copy //
P.A to Judge
1 issue framed by the court
Whether criminal proceedings can be quashed when the dispute is amicably settled and no public interest is involved.
Colour shows how this judgement treated each authority
Madan Mohan Abbot v. State of PunjabFollowed¶29
Madan Mohan Abbot v. State of Punjab (2008) 4 SCC 582 · Who else cites this
Gian Singh v. State of Punjab and anotherFollowed¶29
Gian Singh v. State of Punjab and another [(2012) 10 SCC 303] · Who else cites this
1 provisions across 1 enactments
Mohammed Shams
Jabid
State of Kerala
Krishna Raj
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
