High Court at Ernakulam allowed Criminal Misc. Case 7054 of 2017 seeking quashing of proceedings under Section 384 read with Section 34 IPC. Settlement verified through police report allowed termination of proceedings against accused.
All further proceedings in Crime No.4049 of 2017 as against petitioners are hereby 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 ZIYAD RAHMAN A.A.
THURSDAY, THE 2ND DAY OF DECEMBER 2021 / 11TH AGRAHAYANA, 1943
CRL.MC NO. 7054 OF 2017
PETITIONERS/ACCUSED NOS.1 & 2.:
1 NAJEEB, AGED 39 YEARS, S/O KUNJU MUHAMMED,MANAKKAKKATHOOT (H), EDAYAPPURAM, ALUVA.
2 ASLAM P.H, AGED 26 YEARS, S/O HANEEFA,PANDYALAPPARAMBIL (H), KUNNUSSERY,ATHANI. PO. BY ADVS. SRI.RENJITH B.MARAR SMT.LAKSHMI.N.KAIMAL SMT.RESHMI JACOB SRI.P.S.SYAMKUTTAN SRI.P.VISHNU PAZHANGANAT
RESPONDENTS/STATE & DE FACTO COMPLAINANTS:
1 STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE,ALUVA EAST POLICE STATION, THROUGH THE PUBIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
AGED 41 YEARS, S/O HABEEB, VETTUVELIL HOUSE,VELIYATHUNDAU, ALUVA, ERNAKULAM DISTRICT.
AGED 46 YEARS,S/O VARGHESE, KATTIPARAMBIL HOUSE,VARAPPUZHA. BY ADV SRI.P.B.SUNEER
PP-SRI.SUDHEER GOPALAKRISHNAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.12.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.7054/2017
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O R D E R
The petitioners are the accused Nos.1 and 2 in Crime No.4049 of 2017 of the Aluva East Police Station. Offences alleged against them are punishable under Section 384 read with Section 34 IPC. The allegation against the petitioners is that the accused by putting the employee of the de facto complainant in fear, dishonestly induced him and obtained Rs.7,500/-. In connection with the same, Crime No.4049 of 2017 was registered and FIR is produced herein as AnnexureA1.
Crl.M.C.No.7054/2017 3
respondents and Sri.Sudheer Gopalakrishnan, learned Public Prosecutor for the State.
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of the above, I am of the view that the proceedings in Crime No.4049 of 2017 of Aluva East Police Station, as against the petitioners herein, can be quashed.
Accordingly, Crl.M.C is allowed and all further proceedings in Crime No.4049 of 2017 as against the petitioners herein i.e accused 1 and 2 in the said Crime, are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A. JUDGE
DG/2.12.21
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APPENDIX OF CRL.MC 7054/2017
PETITIONER ANNEXURE
ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO.4049/2017 OF THE ALUVA EAST POLICE STATION. ANNEXURE A2 ORIGINAL OF THE AFFIDAVIT DATED 11.10.2017 SWORN BY THE 2ND RESPONDENT. ANNEXURE A3 ORIGINAL OF THE AFFIDAVIT DATED 13.10.2017 SWORN BY THE 3RD RESPONDENT.
1 issue framed by the court
Whether further proceedings under Section 384 read with Section 34 IPC based on an alleged settlement should be quashed under Section 482 Cr.P.C.
3 provisions across 2 enactments
Najeeb
Aslam P.H
State of Kerala
Thaha
Jude
Ziyad Rahman A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
