Allowed

Shafeeque v. Abdu Rahiman

Kerala HC20 Jul 2022Crl.MC/1720/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a Criminal Miscellaneous Case for quashing proceedings against private petitioners. Relying on Gian Singh, the Court held the dispute was purely private and quashed further proceedings under Section 482 Cr.P.C. due to a valid settlement.

What did the court decide?

Annexure-A1 final report and all further proceedings in CC No. 1053 of 2018 against the petitioners were quashed.

Shafeeque Vs Abdu Rahiman — Quashing and FIR | Kerala HC (2022)

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Crl.M.C.No.1720/22

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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 ZIYAD RAHMAN A.A.

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WEDNESDAY, THE 20^TH DAY OF JULY 2022 / 29TH ASHADHA, 1944

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CRL.MC NO. 1720 OF 2022

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AGAINST THE ORDER/JUDGMENTCC 1053/2018 OF JUDICIAL MAGISTRATE OF FIRST

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CLASS -II, VADAKARA

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PETITIONERS/ACCUSED NO.1 TO 4:

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1 SHAFEEQUE, AGED 28 YEARS, THEKKIYADETH HOUSE, PO VALLIYAD, VATAKARA TALUK, KOZHIKODE- 673 542.

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2 RIYAS, AGED 36 YEARS, THEKKIYADETH HOUSE, PO VALLIYAD, VATAKARA TALUK, KOZHIKODE- 673 542.,

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3 POOKKANDI SHIBIL, AGED 31 YEARS, THEKKIYADETH HOUSE, PO VALLIYAD, VATAKARA TALUK, KOZHIKODE- 673 542.

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BY ADV ZUBAIR PULIKKOOL

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RESPONDENTS/DE FACTO COMPLAINANT & STATE:

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1 ABDU RAHIMAN, POYATH HOUSE, PO VALLIYAD, VATAKARA KOZHIKODE, PIN – 673 542.

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2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULUM- 682 031. BY ADV.SALMANUL FASIL O.P. SMT.SREEJA V. -PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

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20.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C.No.1720/22

O R D E R

The petitioners are the accused Nos.1 to 4 in Crime No.178 of 2015 of Vatakara Police Station. Aforesaid case is now pending as C.C.No.1053 of 2018 on the file of the Judicial First Class Magistrate

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Court, Vatakara. The offences alleged against the petitioners and other accused are under Sections 143, 147, 148, 447, and 427 read with Section 149 IPC.

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The prosecution case is that, on 17.02.2015, the petitioners have formed themselves into an unlawful assembly armed with weapons, trespassed into the office of a political party and caused damages to the building. Annexure-A1 is the final report submitted by the Police. This Crl.M.C. is filed for quashing all further proceedings against the petitioners. It is pointed out that, the accused Nos.3, 5 and 6 in the aforesaid crime have already faced the trial in C.C.No.585 of 2015 and as per Annexure-A3 judgment dated 09.11.2018, the Judicial First Class Magistrate Court, Vatakara found them not guilty.

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Heard Sri.Subair Pulikkool, learned counsel for the petitioners, Sri.Salmanul Fasil O.P., learned counsel for the 1^st respondent and Smt.Sreeja V., learned Public Prosecutor for the

Crl.M.C.No.1720/22

State.

Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure-4 affidavit sworn by the 1^st respondent/de facto complainant is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the 1^st respondent/de facto complainant had specifically acknowledged the aforesaid settlement and also conveyed the no-objection to quash the proceedings against the petitioners herein. The learned counsel appearing for the 1^st respondent/de facto complainant also confirms the same. The learned Public Prosecutor, upon instructions, submitted that the Station House Officer concerned has verified the veracity of the same and found it to be genuine.

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The allegations would reveal that the dispute is purely private in nature. In such circumstances, by applying the principles laid down by the Honourable Supreme Court in Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] , proceedings can be quashed by invoking the powers of this Court under Section 482 Cr.P.C. This is particularly because, on account of the settlement, no fruitful purpose would be served by allowing the prosecution to

Crl.M.C.No.1720/22

continue.

In the result, this Crl.M.C. is allowed, and Annexure-A1 final report submitted in Crime No.178 of 2015 of Vatakara Police Station and all further proceedings in C.C.No.1053 of 2018 on the file of the Judicial First Class Magistrate Court, Vatakara, as against the petitioners are hereby quashed.

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Sd/-

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ZIYAD RAHMAN A.A. JUDGE

DG/21.7.22

Crl.M.C.No.1720/22

APPENDIX OF CRL.MC 1720/2022

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PETITIONER ANNEXURES

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Annexure1 CERTIFIED COPY OF FINAL REPORT WITH WITNESS LIST IN CRIME NO. 178/2015 OF VATAKARA POLICE STATION DATED 11.04.2015. Annexure2 CERTIFIED COPY COMPOUNDING PETITION FILED BY 1ST RESPONDENT BEFORE JFCM COURT VADAKARA DATED 09.11.2018. Annexure3 CERTIFIED COPY OF ORDER IN CC 585/2015 ON THE FILE OF JFCM COURT, VATAKARA DATED 09.11.2018. Annexure 4 AFFIDAVIT FILED BY THE 1ST RESPONDENT DATED 07.03.2022.

Shafeeque v. Abdu Rahiman

Case brief

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What did the court decide?

Shafeeque v. Abdu Rahiman

Case brief

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