Allowed

Hafis Al Rehman v. State of Kerala

Kerala HC26 Nov 2021Crl.MC/2380/2021

Case brief

AI extract

What is this about?

Petitioners sought quashing of criminal proceedings arising from a domestic dispute involving offences under Sections 323 and 498A IPC. The court found an amicable out-of-court settlement and an executed compromise agreement. Held that continuation was an abuse of process.

What did the court decide?

All further proceedings against the petitioners in C.C. No.186/2020 arising from Crime No.1814/2019 are quashed.

Hafis Al Rehman Vs State of Kerala — Matrimonial and Divorce | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE M.R.ANITHA

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FRIDAY, THE 26^TH DAY OF NOVEMBER 2021 / 5TH AGRAHAYANA, 1943

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CRL.MC NO. 2380 OF 2021

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(AGAINST CC 186/2020 ON THE FILE OF THE LEARNED JUDICIAL FIRST CLASS

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MAGISTRATE COURT, ADOOR, PATHANAMTHITTA IN CRIME NO.1814/2019 OF PANDALAM POLCIE STATION)

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PETITIONERS/ACCUSED NOS.1 TO 3:

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1 HAFIS AL REHMAN, AGED 42 YEARS S/O. FAZOOL REHMAN, NELLUVELIL HOUSE, NEAR PANDALAM KSRTC BUS STAND, PANDALAM, PATHANAMTHITTA-689 501

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2 FAZOOL REHMAN, AGED 71 YEARS S/O. REHMAN, NELLUVELIL HOUSE, NEAR PANDALAM KSRTC BUS STAND, PANDALAM, PATHANAMTHITTA-689 501

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3 SUHARA REHMAN, AGED 65 YEARS W/O. FAZOOL REHMAN, NELLUVELIL HOUSE, NEAR PANDALAM KSRTC BUS STAND, PANDALAM, PATHANAMTHITTA-689 501

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BY ADVS. ABDUL JALEEL.A SMT.M.A.SULFIA

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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

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2 THE CIRCLE INSPECTOR OF POLICE PANDALAM POLICE STATION, PATHANAMTHITTA-689 501

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3 JAZNA .T, AGED 28 YEARS D/O.A.S.THAJUDEEN,VILAYIL BANGLOW, DHARPPAKKAD, AYIRAKUZHY.P.O., KADAKKAL, KOLLAM-691 559

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BY ADV A.E.ALIYAR

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PP RENJIT GEORGE,SR GP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Cr.M.C.No.2380 of 2021

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ORDER

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Dated this the 26^th day of November, 2021

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This Crl.M.C. has been filed seeking to quash Annexure-A1 and Annexure-A2 and all further proceedings against the petitioners in C.C. No.186/2020 on the file of the Judicial First Class Magistrate Court, Adoor, which arise out of Crime No.1814/2019 of Pandalam Police Station, registered for the offence punishable under Sections 323, 498A r/w Section 34 of IPC.

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Petitioners are accused Nos. 1 to 3 in the above crime. 3^rd respondent is the defacto complainant.

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Annexure-A1 is the certified copy of the FIR.

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Annexure-A2 is certified copy of the final report. Annexure A3 is copy of the compromise agreement executed between the 1^st petitioner and 3^rd respondent from Ayirakuzhy Muslim Jama-Ath. Annexure-A4 is the affidavit duly sworn in by the defacto complainant. Photo copy of the divorce agreement also has been produced from the side of the prosecutor.

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Adv.Sri.A.E.Aliyar, appeared on behalf of the defacto complainant and reports about the settlement arrived at between the parties.

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Cr.M.C.No.2380 of 2021

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Learned Public Prosecutor produced copy of the report of the SHO along with the copy of the signed statement of the defacto complainant.

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It has come out from the affidavit duly sworn in by the defacto complainant/3rd respondent as well as from Annexure-A3 agreement that the entire issues between the parties have been amicably settled out of court. The defacto complainant is not interested to continue the proceedings against the petitioners.

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Since, the entire matrimonial issues between the petitioners and defacto complainant is amicably out of court, continuation of the proceedings against the petitioners would be an abuse of process of court. Hence, I don’t find any impediment in quashing the proceedings against the petitioners in the above crime.

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In the result, Crl.M.C. allowed, all further proceedings against the petitioners in C.C. No.186/2020 on the file of the Judicial First Class Magistrate Court, Adoor, which arise out of Crime No.1814/2019 of Pandalam Police Station, is hereby quashed.

Sd/-

M.R.ANITHA JUDGE

SMF

Cr.M.C.No.2380 of 2021

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APPENDIX OF CRL.MC 2380/2021

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PETITIONER ANNEXURE ANNEXURE-A1 CERTIFIED COPY OF THE FIR IN CRIME NO.1814/2019 OF PANDALAM STATION ANNEXURE-A2 CERTIFIED COPY OF FINAL REPORT IN CC NO.186/2020 ON THE FILES OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE COURT, ADOOR, PATHANAMTHITTA ANNEXURE-A3 A COPY OF THE COMPROMISE ENTERED IN BETWEEN 1ST PETITIONER AND 3RD RESPONDENT AT THE INSTANCE OF CONVENE JAMA-ATH'S DATED 08.02.21 ANNEXURE-A4 AFFIDAVIT OF 3RD RESPONDENT/DEFACTO COMPLAINANT

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//TRUE COPY// PA TO JUDGE

Hafis Al Rehman v. State of Kerala

Case brief

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Hafis Al Rehman v. State of Kerala

Case brief

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