Allowed

Mohammed Asif v. State of Kerala

Kerala HC28 Jun 2022Crl.MC/2304/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition seeking to quash criminal proceedings against six petitioners accused of offences under the IPC, invoking Section 482 Cr.P.C. and the principles laid down in Gian Singh v. State of Punjab and Another based on the settlement between the parties.

What did the court decide?

The FIR and all further proceedings in C.C.No.175 of 2020 against the petitioners are hereby quashed.

Mohammed Asif Vs State of Kerala — Cheating and Forgery | Kerala HC (2022)

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Crl.M.C.No.2304/2022

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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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TUESDAY, THE 28^TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944

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CRL.MC NO. 2304 OF 2022

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AGAINST THE ORDER/JUDGMENT IN CC 175/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,PATHANAMTHITTA

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PETITIONERS/ACCUSED:

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1 MOHAMMED ASIF, AGED 23 YEARS, PARAKKUMUKALIL, CHERUKOL. P.O., KOZHENCHERRI, ARANMULA, PATHANAMTHITTA, KERALA, PIN – 689 650.

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2 BIJILY P EASOW, AGED 40 YEARS, S/O.SARAMMA EASOW, PALAKATHARAYIL HOUSE, KOZHENCHERRY EAST P.O., KOZHENCHERRY, PATHANAMTHITTA, KERALA 689 641.

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3 JITHIN T PRADEEP, AGED 25 YEARS, S/O.PRADEEP KUMAR. T. G, THYNILKUNNATHIL, PUNNAKADU. P.O., MALLAPUZHASSERY, PATHANAMTHITTA, KERALA 689 652.

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4 SUDHI K M. AGED 25 YEARS, S/O.K.P.MADHU, KALLUKALAYIL, EDAYARANMULA, MALAKKARA. P.O., PATHANAMTHITTA, KERALA, PIN – 689 532.

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5 JOEL P.THOMAS, AGED 26 YEARS, S/O.P.T.THOMAS, PARANGAMOOTTIL, CHERUKOLE P.O., PATHANAMTHITTA, KERALA, PIN – 689 650.

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Crl.M.C.No.2304/2022

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6 SANOOP LAL, AGED 26 YEARS, S/O.SASEENDRALAL.M.B, MANDAKATHIL HOUSE, KOZHENCHERRY.P.O., PATHANAMTHITTA, KERALA, PIN – 689 641.

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7 JIDEEV RAJU, AGED 24 YEARS, S/O.RAJU VARGHESE, VALUPARAMBIL, THEKKEMALA P.O., KOZHENCHERRY, PATHANAMTHITTA, KERALA, PIN – 689 654.

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8 ANANDU KRISHNAN, AGED 24 YEARS, S/O.GOPALAKRISHNAN, PANACHAKUZHIYIL HOUSE, KOZHENCHERRY EAST. P.O, PATHANAMTHITTA, KERALA, PIN – 689 641.

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9 JOEL JAYAKUMAR, AGED 24 YEARS, S/O.JAYAKUMAR, 105 C, BB - BLOCK, EAST, SHALIMAR BAGH, NORTH WEST DELHI 110 088.

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BY ADVS. M.R.JAYAPRASAD ROOPKUMAR G.

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RESPONDENTS/STATE & DE FACTO COMPLAINANT:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 011.

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2 SUB INSPECTOR OF POLICE, ARANMULA POLICE STATION, PATHANAMTHITTA, PIN – 689 533.

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3 JITHU RAJ, AGED 22 YEARS, S/O.RAJAN, PEEDIKAPARAMBIL VEEDU, EDAYARANMULA

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Crl.M.C.No.2304/2022

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WEST P.O., ARANMULA VILLAGE, PATHANAMTHITTA, KERALA, PIN – 689 532.

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BY ADVS.

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ARUL MURALIDHARAN ASHWIN ANTONY(K/000166/2017)

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SRI.C.S.HRITHWIK, SR.PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C.No.2304/2022

O R D E R

The petitioners are the accused in Crime No.1285 of 2018 of Aranmula Police station, which is now pending as C.C.No.175 of 2020 of Judicial First Class Magistrate Court-I, Pathanamthitta. The offences alleged against the petitioners are under Sections 294(b), 341, 323, 324, and 506(1) read with 34 IPC.

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The allegation against the petitioners is that on 13.09.2018 the petitioners threatened and assaulted the 3rd respondent because of political rivalry. Annexure-A1 is the FIR, and Annexure-A2 is the final report. This Crl.M.C. is filed for quashing all further proceedings pursuant thereto.

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Heard Sri.Jayaprasad M.R., learned counsel for the petitioners, Sri.M.P.Prashanth, learned Public Prosecutor for the State and Sri.Arul Muraleedharan, learned counsel for the 3^rd respondent.

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The prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has

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Crl.M.C.No.2304/2022

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been settled. Annexure-A3 affidavit sworn by the 3^rd respondent/ de facto complainant is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the 3^rd respondent/de facto complainant had explicitly acknowledged the aforesaid settlement and also conveyed the no-objection to quash the proceedings against the petitioners herein. The learned counsel appearing for the 3^rd 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 mainly because, on account of the settlement, no fruitful purpose would be served by allowing the prosecution to continue.

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Crl.M.C.No.2304/2022

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In the result, this Crl.M.C. is allowed, and Annexure-A1 FIR submitted in Crime No.1285 of 2018 of Aranmula Police Station and all further proceedings in C.C.No.175 of 2020 on the file of the Judicial First Class Magistrate Court-I, Pathanamthitta, against the petitioners are hereby quashed.

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Sd/-

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ZIYAD RAHMAN A.A. JUDGE

DG/29.6.22

Crl.M.C.No.2304/2022

APPENDIX OF CRL.MC 2304/2022

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PETITIONER ANNEXURES

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Annexure1 CERTIFIED COPY OF FIR Annexure2 CERTIFIED COPY OF FINAL REPORT Annexure3 AFFIDAVIT OF R3

Mohammed Asif v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mohammed Asif v. State of Kerala

Case brief

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