Allowed

Naushad v.U., v. the State of Kerala

Kerala HC21 Dec 2020Crl.MC/9050/2019

Case brief

AI extract

What is this about?

The Kerala High Court quashed criminal proceedings under IPC Sections 448, 436, and 427. Relying on Section 53(3)(d) Cr.PC principles, the court held that amicable settlement removed public interest, making continued proceedings an abuse of process.

What did the court decide?

The criminal proceedings under CP No.18 of 2019 pending in the Judicial First Class Magistrate Court-III, Thrissur are quashed.

Naushad v.U., Vs the 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 21ST DAY OF DECEMBER 2020 / 30TH AGRAHAYANA, 1942

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Crl.MC.No.9050 OF 2019(A)

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CP 18/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III,THRISSUR

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CRIME NO.35/2019 OF AnthikadPolice Station , Thrissur

PETITIONER/S:

NAUSHAD V.U.,

AGED 37 YEARS

S/O.USMAN, VALIYAKATHU HOUSE, MUTTICHOOR DESOM, PADIYAM VILLAGE, PADIYAM P.O., THRISSUR, PIN -680 641.

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BY ADV. SRI.ARUN ASHOK

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RESPONDENT/S:

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1 THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, ANTHIKKAD POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

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2 RINSHAD K.S., AGED 25 YEARS S/O.SHAMSUDHEEN, KARUPPAM VEETIL HOUSE, MUTTICHOOR DESOM, PADIYAM VILLAGE, PADIYAM P.O., THRISSUR, PIN - 680 641.

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3 RISWAN K.S., AGED 31, S/O.SHAMSUDHEEN, KARUPPAM VEETIL HOUSE, MUTTICHOOR DESOM, PADIYAM VILLAGE, PADIYAM P.O., THRISSUR, PIN - 680 641.

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4 SHAMSUDHEEN, AGED 54, S/O.BAVA, KARUPPAM VEETIL HOUSE, MUTTICHOOR DESOM, PADIYAM VILLAGE, PADIYAM P.O., THRISSUR, PIN - 680 641.

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Crl.M.C.No.9050 of 2019

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5 RAHILA, AGED 40, W/O.SHAMSUDHEEN, S/O.BAVA, KARUPPAM VEETIL HOUSE, MUTTICHOOR DESOM, PADIYAM VILLAGE, PADIYAM P.O., THRISSUR, PIN- 680 641.

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R2-5 BY ADV. P.P.SANJU

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OTHER PRESENT:

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PP SREEJA V

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21.12.2020, THE COURT ON THE SAME DAY PASSED THE

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FOLLOWING:

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Crl.M.C.No.9050 of 2019

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ORDER

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Dated this the 21^st day of December , 2020

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Petitioner is the accused in Crime No.35 of 2019 registered at the Anthikkad Police Station for offences punishable under Sections 448, 436 and 427 of IPC, now pending as C.P.No.18 of 2019 on the files of the Judicial First Class Magistrate Court-III, Thrissur. The de facto complainant, at whose instance the crime was registered and the other injured persons, are arrayed as respondents 2 to 5. Annexures IV to VII affidavits have been filed by respondents 2 to 5 stating that the dispute which led to registration of the crime, has been settled amicably and they have no subsisting grievance in the matter.

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2. Heard the learned Public Prosecutor also,

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Crl.M.C.No.9050 of 2019

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who, on instructions, submits that the petitioners have no criminal antecedents.

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3. Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by respondents 2 to 5, 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.

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Crl.M.C.No.9050 of 2019

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In the result, this Crl.M.C is allowed. The proceedings in C.P.No.18 of 2019 on the files of

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the Judicial First Class Magistrate Court-III,

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Thrissur is quashed.

Sd/-

V.G.ARUN JUDGE

Scl/21.12.2020

Crl.M.C.No.9050 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE I A CERTIFIED COPY OF THE FIR IN CRIME OF 35 OF 2019 OF THE ANTHIKKAD POLICE STATION DATED 11/01/2019. ANNEXURE II A CERTIFIED COPY OF THE FIS IN CRIME OF 35 OF 2019 OF THE ANTHIKKAD POLICE STATION DATED 11/01/2019. ANNEXURE III A CERTIFIED COPY OF THE FINAL REPORT DATED 28/05/2019. ANNEXURE IV A TRUE COPY OF THE AFFIDAVIT OF THE SECOND RESPONDENT DATED 10/01/2019. ANNEXURE V A TRUE COPY OF THE AFFIDAVIT OF THE THIRD RESPONDENT DATED 10/01/2019. ANNEXURE VI A TRUE COPY OF THE AFFIDAVIT OF THE FOURTH RESPONDENT DATED 10/01/2019. ANNEXURE VII A TRUE COPY OF THE AFFIDAVIT OF THE FIFTH RESPONDENT DATED 10/01/2019.

Naushad v.U., v. the State of Kerala

Case brief

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Naushad v.U., v. the State of Kerala

Case brief

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