Allowed

Abdul Gafoor v. State of Kerala

Kerala HC9 Nov 2020Crl.MC/4530/2020

Case brief

AI extract

What is this about?

The High Court of Kerala, in this criminal miscellaneous case, examined a petition by an accused seeking quashing of criminal proceedings. The court noted an affidavit from the complainant stating the dispute is resolved. Relying on Supreme Court precedents, the court held that proceedings would amount to an abuse of process, so it granted the quashing order.

What did the court decide?

The criminal miscellaneous case was allowed and pending criminal proceedings (C.P.No.78/2017) were quashed.

Abdul Gafoor Vs State of Kerala — Quashing and FIR | 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 09TH DAY OF NOVEMBER 2020 / 18TH KARTHIKA, 1942

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Crl.MC.No.4530 OF 2020(E)

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AGAINST THE FINAL REPORT IN C.C.NO.771/2015 RENUMBERED AS C.P.NO.78/2017 ON THE FILE OF JFCM COURT, MALAPPURAM ARISING OUT OFJUDGMENT IN LP 55/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS, MALAPPURAM

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CRIME NO.235/2015 OF Malappuram Police Station , Malappuram

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PETITIONER/ACCUSED:

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ABDUL GAFOOR AGED 52 YEARS S/O. KUNJU HAJI, PALEMPADIYAM NEDUMKALATHIL HOUSE, MUNDUPARAMBA, KATTUNGAL, MALAPPURAM-676 509

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BY ADVS.

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SMT.A.K.MAYAKRISHNAN SRI.ARUL MURALIDHARAN

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RESPONDENT/COMPLAINANT/DE FACTO COMPLAINANT/INJURED:

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1 STATE OF KERALA

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REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

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2 RAMLA

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AGED 54 YEARS W/O. ABDUL NAZAR, PALEPADIYAN NEDUMKALATHIL HOUSE, MUNDUPARAMBA, KATTUNGAL, MALAPPURAM-676 509

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R2 BY ADV. SREEKUMAR K.V.

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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 09.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.4530 OF 2020(E) ..2..

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ORDER

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Dated this the 09th day of November 2020

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Petitioner is the accused in Crime No.235/2015 registered at the Malappuram Police Station for offences punishable under Sections 324, 354 and 506(i) of IPC, now pending as C.P.No.78/2017 (L.P.No.55/2018) on the file of the Judicial First Class Magistrate Court, Malappuram. The de facto complainant, at whose instance the crime was registered, is arrayed as the 2^nd respondent. Annexure-A2 affidavit has been filed by 2^nd respondent stating that the dispute, which was the reason for the incident and registration of the crime, has been resolved amicably and she has no subsisting grievance against the petitioner.

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Crl.MC.No.4530 OF 2020(E) ..3..

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Heard the learned Public Prosecutor also,

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who, on instructions, submits that the petitioner has no criminal antecedents.

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Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by the 2^nd respondent, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and 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

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Crl.MC.No.4530 OF 2020(E) ..4..

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no impediment in granting the relief sought.

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In the result, this Crl.M.C is allowed. The proceedings in C.P.No.78/2017, now pending as L.P.No.55/2018 on the file of the Judicial First Class Magistrate Court, Malappuram is quashed.

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SB/09/11/2020

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Sd/V.G.ARUN JUDGE

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Crl.MC.No.4530 OF 2020(E) ..5..

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE-A1 CERTIFIED COPY OF THE CHARGE SHEET IN CC NO.771/2015 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MALAPPURAM

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ANNEXURE-A2 TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT DATED 18.9.2020

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//true copy// P.A to Judge

Abdul Gafoor v. State of Kerala

Case brief

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Abdul Gafoor v. State of Kerala

Case brief

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