Allowed

Jaffar Mm v. State of Kerala

Kerala HC10 Mar 2021Crl.MC/681/2021

Case brief

AI extract

What is this about?

In a criminal miscellaneous case, the High Court of Kerala allowed the petition and quashed criminal proceedings for alleged offences under Sections 143, 147, 148, 452, 436, and 427 of the IPC read with Section 149. The court was satisfied that the dispute was settled amicably and continued proceedings would amount to an abuse of process, relying on Madan Mohan Abbot v. State of Punjab.

What did the court decide?

Petition allowed. Annexure-A1 Final Report and further proceedings in Crime No.1056/2017, pending as S.C. No.395/2019, are quashed.

Jaffar Mm Vs State of Kerala — Quashing and FIR | 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 MR.JUSTICE V.G.ARUN

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WEDNESDAY, THE 10TH DAY OF MARCH 2021 / 19TH PHALGUNA, 1942

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Crl.MC.No.681 OF 2021(E)

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AGAINST THE ORDER/JUDGMENT IN SC 395/2019 OF ADDITIONAL DISTRICT COURT KOZHIKODE- II

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CRIME NO.1056/2017 OF VATAKARA POLICE STATION, KOZHIKODE

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PETITIONERS/ACCUSED 1 TO 3:

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1 JAFFAR M.M AGED 20 YEARS S/O. EBRAHEEM, MEETHALEMALAYI (H), THODANNUR, VADAKARA, KOZHIKKODE DISTRICT.

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2 SAHAD K.K, AGED 20 YEARS S/O. ABDULLA, NADATHALAKKAL (H), THODANNUR, VADAKARA, KOZHIKODE DISTRICT.

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3 UMAR SHAREEF, AGED 20 YEARS S/O. EBRAHEEM, VALIYA PARAMBIL (H), THODANNUR, VADAKARA, KOZHIKODE DISTRICT.

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BY ADV. SMT.K.REEHA KHADER

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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, COCHIN 682 031, (INVESTIGATING OFFICER IN CRIME NO. 1056/17 OF VATAKARA POLICE STATION, KOZHIKODE DISTRICT).

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2 ANEESH P.K. S/O. POKKANN AGED 38 YEARS, PUZHUKKUNNUMMAL (H), THODANNUR P.O, KOZHIKODE DISTRICT, PIN CODE-673 542

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R2 BY ADV. MOHAMMED ASLAM P.S

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OTHER PRESENT:

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SRI.HRITHWICK.C.S,SENIOR PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.M.C.NO.681 OF 2021

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O R D E R

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Dated this the 10^th day of March 2021

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Petitioners are accused Nos. 1 to 3 in Crime No.1056/2017 registered at the Vatakara Police Station, Kozhikode for offences punishable under Sections 143, 147, 148, 452, 436 & 427 read with Section 149 of IPC, now pending as S.C. No.395/2019 on the files of Additional District Judge, Kozhikode. The de facto complainant, at whose instance the crime was registered is arrayed as the 2^nd respondent, has filed Annexure-A2 affidavit, stating that the dispute, which was the reason for the incident and registration of the crime, has been resolved amicably and he has no subsisting grievance against the petitioners.

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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

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the affidavit filed by the 2^nd respondent, the contents of

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CRL.M.C.NO.681 OF 2021

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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.

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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. Annexure-A1 Final Report and further proceedings in Crime No.1056/2017 of Vatakara Police Station, pending as S.C.No.395/2019 on the files of Additional District Judge, Kozhikode are quashed.

Sd/-

V.G.ARUN

JUDGE

NB/10.03.2021

CRL.M.C.NO.681 OF 2021

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 1056/2017 OF VATAKARA POLICE STATION, KOZHIKODE DISTRICT PENDING BEFORE THE ADDITIONAL DISTRICT JUDGE II, KOZHIKODE AS SC NO. 395/2019 ANNEXURE A2 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT. ANNEXURE A3 THE TRUE COPY OF THE FIS IN CRIME NO. CRIME NO. 1056/2017 OF VATAKARA POLICE STATION, KOZHIKODE DISTRICT PENDING BEFORE THE ADDITIONAL DISTRICT JUDGE II, KOZHIKODE AS SC NO. 395/2019

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RESPONDENT'S EXHIBITS: NIL

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TRUE COPY P.A TO JUDGE

Jaffar Mm v. State of Kerala

Case brief

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Jaffar Mm v. State of Kerala

Case brief

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