In a criminal Misc. case, the High Court of Kerala quashed criminal proceedings after the respondent/accused filed an affidavit stating the dispute was amicably settled, finding no public interest in continuance.
Criminal proceedings in C.C.No.1216/2019 on the file of the Judicial First Class Magistrate Court-I, Kasargod 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
TUESDAY, THE 13TH DAY OF OCTOBER 2020 / 21ST ASWINA, 1942
Crl.MC.No.3736 OF 2020(F)
AGAINST THE JUDGMENT IN CC 1216/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,KASARAGOD
CRIME NO.317/2019 OF VIDYA NAGAR POLICE STATION , Kasargod
PETITIONER/ACCUSED:
SULAIMAN A @ ABBAS SALIM AGED 39 YEARS
S/O. ABOOBACKER, ALAMAPADY HOUSE, NARIMARMOOLA P.O, MUTTATHODY VILLAGE, KASARGOD TALUK AND DISTRICT.
BY ADV. SRI.S.JIJI
RESPONDENT/STATE:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031
2 MUHAMMED ASHIF
AGED 26 YEARS S/O. ABOOBACKER, SINAN MANZIL, NALATHADKA, MUTTATHODY VILLAGE AND POST, KASARAGOD DISTRICT, PIN-671 121
R2 BY ADV. M.M.BABY
OTHER PRESENT:
SR.PP.AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.3736 OF 2020(F) ..2..
ORDER
Dated this the 13th day of October 2020
Petitioner is the accused in Crime No.317/2019 registered at the Vidyanagar Police Station for the offence punishable under Section 324 of IPC, now pending as C.C.No.1216/2019 on the file of the Judicial First Class Magistrate Court-I, Kasargod. The de facto complainant, at whose instance the crime was registered, is arrayed as the 2nd respondent. Annexure-A2 affidavit has been filed by 2nd respondent stating that the reason for the incident, which led to registration of the crime, has been resolved amicably and he has no subsisting grievance against the petitioner.
Crl.MC.No.3736 OF 2020(F) ..3..
no criminal antecedents.
Crl.MC.No.3736 OF 2020(F) ..4..
In the result, this Crl.M.C is allowed. The
proceedings in C.C.No.1216/2019 on the file of the Judicial First Class Magistrate Court-I, Kasargod is
quashed.
SB/13/10/2020
Sd/V.G.ARUN JUDGE
Crl.MC.No.3736 OF 2020(F) ..5..
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF FINAL REPORT IN CR.317/2019 OF VIDYANAGAR POLICE STATION.
ANNEXURE A2 AFFIDAVIIT DATED 30.06.2020 SWORN BY THE 2ND RESPONDENT.
//true copy// P.A to Judge
2 issues framed by the court
Whether criminal proceedings should be quashed given the settlement between parties and absence of public interest.
Whether the dispute being settled amicably warrants quashing of the trial under legal precedents regarding abuse of process.
Colour shows how this judgement treated each authority
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SULAIMAN A @ ABBAS SALIM
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
MUHAMMED ASHIF
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
