Allowed

Abdul Salam v. State of Kerala

Kerala HC12 Oct 2020Crl.MC/4046/2020

Case brief

AI extract

What is this about?

The Kerala High Court allowed a criminal miscellaneous petition and quashed FIR and related proceedings. The prosecution charges involved IPC Sections 323, 324, and 447. The court found the matter amicably settled by a third respondent affidavit, deeming continuation as an abuse of process.

What did the court decide?

Annexure I FIR and all proceedings in Crime No.164 of 2020 registered at the Hosdurg Police Station is quashed.

Abdul Salam Vs State of Kerala — Quashing and FIR | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4

MONDAY, THE 12TH DAY OF OCTOBER 2020 / 20TH ASWINA, 1942

¶5

Crl.MC.No.4046 OF 2020(E)

¶6

CRIME NO.164/2020 OF Hosdurg Police Station , Kasargod

¶7

PETITIONER/S:

¶8

1 ABDUL SALAM AGED 55 YEARS S/O. E.K.MUHAMMED, SAMJEER MANZIL, PERIYA ROAD P.O., PAKKAM, PANAYAL VILLAGE, HOSDURG TALUK, PIN671 318.

¶9

2 JAMSHEER AGED 24 YEARS S/O. ABDUL SALAM, SAMJEER MANZIL, PERIYA ROAD, P.O PAKKAM, PANAYAL VILLAGE, HOSDURG TALUK, PIN-671 318.

¶10

BY ADVS. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM

¶11

RESPONDENT/S:

¶12

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH CORUT OF KERALA, ERNAKULAM-682 031.

¶13

2 THE STATION HOUSE OFFICER HOSDURG POLICE STATION, KASARGODE-671 314.

¶14

3 P.M KUNHAMMED, AGED 53 YEARS S/O. MUHAMMED P.A., SEAMAN PALACE, PALLIPUZHA, P.O PALLIKKARA, PALLIKKARA VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT, PIN-671 314.

¶15

R3 BY ADV. SUNANDA SUKUMARAN

¶16

OTHER PRESENT:

¶17

SR.PP.AMJAD ALI

¶18

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶19

Crl.M.C No.4046 of 2020

¶20

-2-

¶21

ORDER

¶22

Dated this the 12^th day of October, 2020

¶23

Petitioners are the accused in Crime No.164

¶24

of 2020 registered at the Hosdurg Police Station for offences punishable under Sections 323, 324, 447 r/w 34 of IPC. The third respondent is the brother of the second petitioner. Annexure A2 affidavit has been filed by the third respondent stating that the family dispute which led to registration of the crime, has been settled amicably and he has no subsisting grievance in the matter.

¶25

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

¶26

3. Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by third respondent, the contents of which are submitted

¶27

Crl.M.C No.4046 of 2020

¶28

-3-

¶29

to be true and voluntary, I am satisfied that the matter has been amicably 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.

¶30

In the result, this Crl.M.C is allowed. Annexure I FIR and all proceedings in Crime No.164 of 2020 registered at the Hosdurg Police Station, is quashed.

¶31

Sd/- V.G.ARUN JUDGE

¶32

Scl/12.10.2020

¶33

Crl.M.C No.4046 of 2020

¶34

-4-

¶35

APPENDIX

¶36

PETITIONER'S/S EXHIBITS:

¶37

ANNEXURE A1 CERTIFIED COPY OF FIRST INFORMATION REPORT IN CRIME NO.164/2020 OF HOSDURG POLICE STATION, KASARGODE ALONG WITH THE STATEMENT OF 3RD RESPONDENT.

¶38

ANNEXURE A2 AFFIDAVIT OF THE 3RD RESPONDENT DATED 22.8.2020.

Abdul Salam v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abdul Salam v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Sajan Thomas Vs the State of Kerala

Sayar P Asharaf Vs State of Kerala

Sandeep Sebastian Vs State of Kerala

Capt. Paul Erinjeri Vs State of Kerala

Aswin K. Vs State of Kerala

Safvana Vs Rasiya