The High Court of Kerala allowed a criminal miscellaneous petition and quashed trial proceedings against the petitioner. The judgment relied on the co-accused's prior acquittal due to lack of evidence and a final settlement affidavit filed by the complainant.
Criminal Miscellaneous Case allowed; proceedings in S.C. No. 124 of 2021 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
THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943
Crl.MC.No.637 OF 2021(H)
AGAINST THE JUDGMENT IN LPC 49/2019 OF SUB COURT, KASARAGOD CRIME NO.236/2013 OF Chittarikal Police Station , Kasargod
PETITIONER:
SHIHAB V.K AGED 40 YEARS S/O. ABDUL KAREEM, VELLIKOTH HOUSE, ARALAKUNDAM, BHEEMANADI GRAMAM, KASSARGOD-671 314
BY ADV. SRI.E.C.AHAMED FAZIL
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031
2 THE SUB INSPECTOR OF POLICE CHITRIKKAL POLICE STATION, KASSARGODE DISTRICT-671 121
3 MUHAMMED SHAREEF @ SHAREEF AGED 35 YEARS S/O. ABDUL KHADER HAJI, NANGARTH HOUSE, VAZHAPPALLY, KUNNUMKAI, BHEEMANADI VILLAGE, KASSARGODE-671 314
R3 BY ADV. NIYAS MOHAMMED
SENIOR PUBLIC PROSECUTOR SRI.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 25th day of March 2021
The petitioner is the first accused in Crime No.236 of 2013 registered at the Chittarikkal Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 324, 307 read with 149 of IPC. On filing of final report, the case was committed to the Assistant Sessions Court, Kasargode and numbered as S.C. No.755 of 2014. All accused, except the petitioner, faced trial and were acquitted vide Annexure A1 judgment. The reasons for acquittal stated in Annexure A1 is that, the injured as well as the occular witnesses failed to identify the accused and there was nothing to link the accused with the alleged offences. The petitioner being absent, the case against him was split up and refiled and later included in the Long Pending Register as L.P.C. No.49 of 2019.
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unequivocally stated that all disputes and misunderstandings with the petitioner, which had resulted in the incident and registration of the crime, has been settled amicably and that he has no subsisting grievance towards the petitioner.
For the above mentioned reasons, the Crl. M.C. is allowed. The proceedings in S.C. No. 124 of 2021 of the Additional Sessions Court, kasargode is quashed.
Sd/-
AJ
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APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE-A1 TRUE COPY OF JUDGMENT DATED 25.09.2020 IN S.C.NO.755 OF 2014 PASSED BY THE ASSISTANT SESSIONS COURT, KASSARGOD
ANNEXURE-A2 CERTIFIED COPY OF FINAL REPORT IN CRIME NO.236 OF 2013 OF CHITTARAIKKAL POLICE STATION, KASSARGODE DISTRICT
ANNEXURE-A3 AFFIDAVIT SWORN IN 3RD RESPONDENT
3 issues framed by the court
Whether criminal proceedings against the petitioner should be quashed given the previous acquittal of co-accused for lack of evidence and subsequent settlement.
Whether continuation of proceedings against the petitioner amounts to abuse of the process of court.
Whether the petitioner is entitled to relief under Section 482 Cr.P.C.
Shihab V.K
The State of Kerala
Muhammad Shareef
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
