Allowed

Jaseer v. State of Kerala

Kerala HC5 Apr 2022Crl.MC/418/2022

Case brief

AI extract

What is this about?

The High Court of Kerala quashed criminal proceedings initiated against the petitioner for alleged offences under Sections 341, 323, 427, and 506(ii) IPC. Relying on the fact that the matter was amicably settled between parties and no public interest was involved, the court allowed the quashing prayer.

What did the court decide?

Entire proceedings in C.C. No. 296 of 2018 before the Judicial First Class Magistrate's Court-II, Aluva are quashed, and the petitioner shall stand exonerated.

Jaseer Vs State of Kerala — Cheque Dishonour | Kerala HC (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 K.HARIPAL

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TUESDAY, THE 5^TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944

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CRL.MC NO. 418 OF 2022

PETITIONER:

JASEER

AGED 40 YEARS

SON OF JALEEL, ASHARIPARAMBIL HOUSE, KARUKAPILLY, PINK AVENUE LINE, EDAPPALLY SOUTH VILLAGE, ERNAKULAM DISTRICT, 682026., ERNAKULAM, PIN - 682026 BY ADV P.A.MUJEEB

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RESPONDENT:

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1 STATE OF KERALA

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REPRECENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERLA, ERNAKULAM ERNAKULAM, PIN - 682031 2 SAIFUDHEEN

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AGED 45 YEARS

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SON OF KUNJU MUHAMMED, PULIKKAYATH HOUSE, NJALAKAM KARA SOUTH KALAMASSERY, ERNAKULAM DISTRICT, PIN-682033

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ERNAKULAM, PIN - 682033

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SMT. SREEJA.V-SR PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

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05.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C. No. 418 of 2022

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ORDER

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Petitioner is the sole accused in C.C. No.296 of 2018 on

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the file of the Judicial First Class Magistrate's Court-II, Aluva which arose from the final report in Crime No. 1128 of 2017 of Elamakkara police station. The crime was registered on 01.11.2017 on the strength of the First Information Statement given by the 2^nd respondent where offences punishable under Sections 341, 323, 427, 506(ii) of the Indian Penal Code are alleged. However, on conclusion of investigation, charge sheet has been laid only for offences under Sections 341, 323, 427, 506(ii) of the IPC.

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The precise allegation against the petitioner is that on 31.08.2017 at 3.15 PM on the Karukappally-Pottakuzhi crossroad while the de facto complainant and his friends were moving through his car bearing registration No. KL-7-BY7112, the accused persons intercepted them and wrongfully

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Crl.M.C. No. 418 of 2022

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restrained him. He was abused and stamped on his chest twice and then caused damage to the car using a granite piece

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and caused loss of Rs.35,000/- Now contending that the matter is settled between the parties, entire proceedings are sought to be quashed under Section 482 of the Cr.P.C.

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I heard the learned counsel for the petitioner, the learned Senior Public Prosecutor, and also the learned counsel for the 2^nd respondent. All have stated that the matter is settled.

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Moreover, Annexure A3 affidavit of the 2^nd

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respondent also indicates that the case is amicably settled and he does not want to proceed against the accused and has no objection in quashing the proceedings. In the circumstances

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and having regard to the fact that no public interest is involved in the case, entire proceedings in C.C. No. 296 of 2018 on the file of the Judicial First Class Magistrate's Court-II, Aluva are quashed and the petitioner shall stand

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Crl.M.C. No. 418 of 2022

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exonerated.

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The Criminal Miscellaneous Case is allowed as above.

Sd/-

K. HARIPAL

JUDGE

RMV/06.04

APPENDIX OF CRL.MC 418/2022

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PETITIONER ANNEXURES Annexure 1 CERTIFIED COPY OF THE F.I.R IN CRIME NO.1128/2017 OF ELAMAKKARA POLICE STATION, ERNAKULAM DISTRICT DATED 01.11.2017 Annexure 2 CERTIFIED COPY OF THE CHARGE SHEET IN C.C.296/2018 NOW PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ALUVA DATED 16.03.2018 Annexure 3 AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANT/ 2ND RESPONDENT DATED 10.01.2022

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TRUE COPY

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P.A.TO JUDGE

Jaseer v. State of Kerala

Case brief

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Jaseer v. State of Kerala

Case brief

What is this about?

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