The High Court allowed the quashing petition filed against five accused in a criminal proceeding alleging offences under Sections 406, 420, 468, 471 IPC. Quashing was granted as the dispute was private in nature and a valid settlement had been reached.
Crl.M.C. No.1466/2022 allowed; CF.No.2754/2020 and Final Report under Crime No.93/2019 quashed
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
MONDAY, THE 8TH DAY OF AUGUST 2022 / 17TH SRAVANA, 1944 CRL.MC NO. 1466 OF 2022
CC 2754/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS
PAYYANNUR
PETITIONER/S:
1 SHAREEFA.A.V AGED 46 YEARS WIFE OF MUHAMMED UMMER, ERAMULLAN VALIYAMADATHUMMAL HOUSE, MADAYI AMSOM, PAZHAYANGADI.P.O, KANNUR DISTRICT, PIN - 670303
2 ALAMEEN.A.V AGED 24 YEARS SON OF MUHAMMED UMMER, ERAMULLAN VALIYA MADATHUMMAL HOUSE, MADAYI AMSOM,PAZHAYANGADI.P.O, KANNUR DISTRICT, PIN - 670303
3 ALTHAF.A.V AGED 23 YEARS SON OF MUHAMMED UMMER, ERAMULLAN VALIYA MADATHUMMAL HOUSE, MADAYI AMSOM, PAZHAYANGADI .P.O, KANNUR DISTRICT, PIN - 670303
4 HARIS.A.V.M AGED 43 YEARS SON OF MUHAMOOD.T,ERAMULLAN VALIYA MADATHUMMAL HOUSE, MADAYI AMSOM, PAZHAYANGADI .P.O, KANNUR DISTRICT, PIN - 670303
5 VINOD DERMMAL AGED 44 YEARS SON OF C.NARAYANAN, DERMMAL HOUSE, EZHOME, CHENGAL, PAZHAYANGADI.P.O, KANNUR DISTRICT, PIN - 670303 BY ADV K.SEENA
Crl.M.C.No.1466/2022
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RESPONDENT/S:
1 KHADEEJA.A.V AGED 69 YEARS WIFE OF MUHAMMED UMMER AL- NASAR HOUSE, MOTTAMBRAM AMSOM,. PAZHAYANGADI.P.O, KANNUR DISTRICT, PIN - 670303 2 STATE OF KERALA HIGH COURT OF KERALA , ERNAKULAM, PIN - 682031 BY ADVs.
P.S.BINU SMT. SREEJA V., SR. P.P.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08.08.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.1466/2022
: 3 :
ORDER
Dated this the 8th day of August, 2022
The petitioners are accused Nos.1 to 5 in crime No.93/2019 of Pazhayangadi Police Station, which is now pending as C.C. No.2754/2020 before the Judicial First Class Magistrate's Court, Payyannur. The offences alleged against the petitioners are under Sections 406, 420, 468, 471 read with Section 34 of the Indian Penal Code.
Crl.M.C.No.1466/2022
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Prosecutor for the State and Sri. P.S. Binu, the learned counsel appearing for the 1st respondent.
Crl.M.C.No.1466/2022
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allowing the prosecution to continue.
In the result, this Crl.M.C. is allowed and Annexure-1 final report submitted in crime No.93/2019 of Pazhayangadi Police Station and C.C. No.2754/2020 on the files of the Judicial First Class Magistrate's Court, Payyannur, against the petitioners are hereby quashed.
Sd/ZIYAD RAHMAN A.A. JUDGE
ncd
Crl.M.C.No.1466/2022
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APPENDIX OF CRL.MC 1466/2022
PETITIONER ANNEXURES Annexure1 COPY OF FINAL REPORT IN CRIME NO.93/2019 OF PAZHAYANGADI POLICE STATION Annexure2 AFFIDAVIT SWORN BY RESPONDENT NO.1 IN THE CRLMC
2 issues framed by the court
Whether the provisions under Sections 406, 420, 468, 471 read with Section 34 of the Indian Penal Code can be quashed upon settlement and private nature of the dispute.
Whether the powers under Section 482 Cr.P.C. can be invoked to quash criminal proceedings based on a settlement affidavit.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherApplied¶30
Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] · Who else cites this
1 provisions across 1 enactments
SHARIEFA.V
ALAMEEN.A.V
ALTHAF.A.V
HARIS.A.V.M
VINOD DERMMAL
KHADEEJA.A.V
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
ZIYAD RAHMAN A.A.
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