Allowed

Safvana v. Rasiya

Kerala HC12 Oct 2020Crl.MC/3562/2020

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition, the Kerala High Court quashed criminal proceedings against three petitioners accused in a matrimonial dispute. The court found the dispute settled amicably, no public interest involved, and continuance would amount to an abuse of process of court.

What did the court decide?

Criminal proceedings in C.C.No.1206 of 2019 on the files of the Judicial First Class Magistrate Court, Ambalapuzha, are quashed.

Safvana Vs Rasiya — Cheating and Forgery | 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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MONDAY, THE 12TH DAY OF OCTOBER 2020 / 20TH ASWINA, 1942

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Crl.MC.No.3562 OF 2020(E)

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CC 1206/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,AMBALAPUZHA

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CRIME NO.28/219 OF Vanitha Cell, ALP , Alappuzha

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PETITIONER/S:

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1 SAFVANA AGED 23 YEARS D/O.BADARUDHEEN, LAILA MANZIL, ARAFA LINE, LAJNATH WARD, ALAPPUZHA, PIN- 688 010.

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2 SABITHA AGED 43 YEARS W/O.BADARUDHEEN, LAILA MANZIL, ARAFA LINE, LAJNATH WARD, ALAPPUZHA, PIN - 688 010.

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3 SAFIYATH AGED 70 YEARS W/O.JABBAR,LAILA MANZIL, ARAFA LINE, LAJNATH WARD, ALAPPUZHA,NOW RESIDING AT DARUSSALAM, VALANJAVAZHY, AMBALAPUZHA, PIN - 688 005.

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BY ADV. SRI.E.RAFEEK

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RESPONDENT/S:

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1 RASIYA AGED 53 YEARS, W/O.A.M.NAZEEM, VAZHAKKADAYIL, VANDANAM P.O., AMBALAPUZHA NORTH VILLAGE, ALAPPUZHA, PIN - 688 005.

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2 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031.

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R1 BY ADV. GOKUL DAS V.V.H.

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OTHER PRESENT:

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SR.PP.AMJAD ALI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

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12.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.3562 of 2020

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ORDER

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Dated this the 12^th day of October , 2020

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Petitioners are the accused in Crime No.28 of 2019 registered at the Vanitha Police Station, Alappuzha for offences punishable under Sections 294 (b), 323, 341, 452, 506 r/w 34 of IPC, now pending as C.C.No.1206 of 2019 on the files of the Judicial First Class Magistrate Court, Ambalapuzha. The de facto complainant, at whose instance the crime was registered, is arrayed as the first respondent. Annexure IV affidavit has been filed by the first respondent stating that the matrimonial 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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2. Heard the learned Public Prosecutor also,

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Crl.M.C.No.3562 of 2020

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who, on instructions, submits that the petitioners have no criminal antecedents.

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3. Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by the first 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. 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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Crl.M.C.No.3562 of 2020

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In the result, this Crl.M.C is allowed. The proceedings in C.C.No.1206 of 2019 on the files of the Judicial First Class Magistrate Court, Ambalapuzha, is quashed.

sd/V.G.ARUN

JUDGE

Scl/12.10.2020

Crl.M.C.No.3562 of 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE I CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.28/2019 OF THE VANITHA POLICE STATION, ALAPPUZHA.

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ANNEXURE II CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.28/2019 OF THE VANITHA POLICE STATION, ALAPPUZHA.

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ANNEXURE III TRUE COPY OF THE COMPROMISE AGREEMENT DATED 14/06/2020.

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ANNEXURE IV AFFIDAVIT DATED 21/07/2020 SWORN BY THE 1ST RESPONDENT.

Safvana v. Rasiya

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Safvana v. Rasiya

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