Allowed

Hakkim Shah v. Boban

Kerala HC8 Dec 2020Crl.MC/5153/2020

Case brief

AI extract

What is this about?

The High Court allowed a criminal miscellaneous petition seeking quashing of criminal proceedings. Relying on affidavits stating settlement and the absence of a subsisting grievance, the court held that continuance of proceedings would amount to an abuse of the process of the court.

What did the court decide?

The criminal miscellaneous case was allowed. Proceedings in C.C.No. 248/2017 and Crime No.960/2016 were quashed. F.I.R. and Charge Sheet were quashed.

Hakkim Shah Vs Boban — Quashing and FIR | Kerala HC (2020)

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Crl.M.C.No.5153/2020 1

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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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TUESDAY, THE 08TH DAY OF DECEMBER 2020 / 17TH AGRAHAYANA, 1942

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Crl.MC.No.5153 OF 2020(D)

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AGAINST THE ORDER/JUDGMENT IN CC 248/2017 OF JMFC - VIII, ERNAKULAM (TEMPORARY)

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CRIME NO.960/2016 OF Panangad Police Station , Ernakulam

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PETITIONER/S:

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1 HAKKIM SHAH, AGED 50 YEARS, S/O.ALIYAS, PALLIPARAMBIL HOUSE, GOVERNMENT HOSPITAL ROAD, NETTOOR P.O., MARADU VILLAGE, ERNAKULAM DISTRICT-PIN 682 304.

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2 MUHAMMAD SALI, AGED 53 YEARS,

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S/O.ABDUL ASIS, VADAKKEVADYAPALLI HOUSE, NEAR S.N.D.P TEMPLE, NETTOOR P.O., MARADU VILLAGE, ERNAKULAM DISTRICT, PIN-682 304.

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BY ADVS. SRI.IEANS.C.CHAMAKKALA SRI.BINU B.SAMUEL

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RESPONDENT/S:

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1 BOBAN, S/O.GEORGE, NEDUMPARAMBIL HOUSE, NETTOOR P.O., MARADU VILLAGE, ERNAKULAM DISTRICT-682 304.

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2 THOMAS GEORGE, S/O.GEORGE, NEDUMPARAMBIL HOUSE, NETTOOR P.O., MARADU VILLAGE, ERNAKULAM DISTRICT-682 304.

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3 THOMAS GEORGE, AGED 44 YEARS, S/O.GEORGE, NEDUMPARAMBIL HOUSE, NETTOOR P.O., MARADU VILLAGE, ERNAKULAM DISTRICT-682 304.

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4 STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682 031.

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Crl.M.C.No.5153/2020

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R1-2 BY ADV. SRI.STAESMON KINATTUKARA

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SR.PP.C.S.HRITHWIK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C.No.5153/2020

O R D E R

Petitioners are the accused in Crime No.960/2016 registered at the Panangad Police Station for offences punishable under Sections 341, 294(b), 506, 427 read with Section 34 of IPC, now pending as C.C.No.248/2017 on the files of the Judicial First Class Magistrate Court-VIII, Ernakulam. The de facto complainant, at whose instance the crime was registered and the other injured person, are arrayed as respondents 1 and 2. Annexures-A3 and A4 affidavits have been filed by the 1^st and 2^nd respondents stating that the dispute, which led to registration of the crime, has been settled amicably and that they have no subsisting grievance in the matter.

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Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioners have 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 1^st and 2^nd respondents, 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

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Crl.M.C.No.5153/2020

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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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In the result, this Crl.M.C is allowed. The proceedings in C.C.No. 248/2017 on the files of the Judicial First Class Magistrate Court-VIII, Ernakulam is quashed.

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Annexure A2 final report and all proceedings in Crime No.960/2016 of Panangad Police Station is quashed.

Sd/-

V.G.ARUN JUDGE

Crl.M.C.No.5153/2020

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 THE CERTIFIED COPY OF THE F.I.R. IN CRIME NO.960/2016 OF PANANGAD POLICE STATION. ANNEXURE A2 THE CERTIFIED COPY OF THE CHARGE SHEET IN CC.N NO.248/2017 OF JUDICIAL FIRST CLASS COURT-VIII, ERNAKULAM ANNEXURE A3 AFFIDAVIT OF THE 1ST RESPONDENT ANNEXURE A4 AFFIDAVIT OF THE 2ND RESPONDENT

Hakkim Shah v. Boban

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Hakkim Shah v. Boban

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