The High Court of Kerala allowed an application to quash criminal proceedings against two accused persons. Relying on the forgiveness of the actual complainant and the accused's medical condition, the court held that continuing the trial would amount to an abuse of process of court.
The criminal proceedings in C.C. No. 42 of 2019 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
MONDAY, THE 09TH DAY OF NOVEMBER 2020 / 18TH KARTHIKA, 1942
Crl.MC.No.4386 OF 2020(G)
AGAINST THE JUDGMENT IN CC 42/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KASARAGOD
CRIME NO.512/2017 OF Kumbla Police Station , Kasargod
PETITIONERS:
1 NIYAS @ SHAIK NIYAS AHAMMED AGED 32 YEARS
S/O. ABOOBACKER, ARAB GALLI, BANTHIYOD P.O., MANGALPADY VILLAGE, KASARGOD DISTRICT.
2 KASIM B.K. AGED 45 YEARS
S/O. MUHAMMED B.K., BADARIYA MANZIL, BANTHIYOD P.O., MANGALPADY VILLAGE, KASARAGOD DISTRICT.
BY ADV. SRI.S.JIJI
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2 SUBAIR AHAMMED THAHIR AGED 36 YEARS S/O. ABOOBACKER ARAB GALLI, BANTHIYOD P.O., MANGALPADY VILLAGE, KASARGOD DISTRICT, PIN-671 321.
R2 BY ADV. M.M.BABY
SR.PP.AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.m.c.4386/2020
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V.G.ARUN, J.
=========================== Crl.M.C.No.4386 of 2020
=========================== Dated this the 9th day of November, 2020
ORDER
Petitioners are the accused in Crime No.512 of 2017
registered at the Kumbala Police Station for offences punishable under Sections 326 and 341 r/w Section 34 of IPC, now pending as C.C.No.42 of 2019 on the file of Judicial I Class Magistrate Court-II, Kasargod. The de facto complainant, at whose instance the crime was registered is the 2nd respondent. Annexure A2 affidavit has been filed by the 2nd respondent stating that the dispute is resolved and that he has no subsisting grievance against the petitioners.
Crl.m.c.4386/2020
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relief sought. Moreover, having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by 2nd 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.
Sd/-
V.G.ARUN JUDGE
lgk
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF FINAL REPORT IN CR.512/2017 OF KUMBALA POLICE STATION.
ANNEXURE A2 AFFIDAVIT DATED 30.8.2020 SWORN BY THE 2ND RESPONDENT.
3 issues framed by the court
Whether criminal proceedings initiated for Section 326 and 341 IPC offences arising from a family/property dispute should be quashed when the accused settled the dispute and suffer severe medical issu
Whether a settled disagreement between parties removes public interest in the continuation of criminal proceedings.
Whether non-bailable offences committed by a settled family can be quashed under settled Supreme Court principles.
Colour shows how this judgement treated each authority
Madan Mohan Abbot v. State of PunjabRelied on¶3
Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] · Who else cites this
Gian Singh v. State of Punjab and anotherRelied on¶3
Gian Singh v. State of Punjab and another [(2012) 10 SCC 303] · Who else cites this
Niyas @ Shaik Niyas Ahamed
Kasim B.K.
State of Kerala
Subair Ahamed Thahir
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
