Allowed

Mujeeb Rahman v. Public Prosecutor

Kerala HC20 Sept 2022Crl.MC/725/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous case to quash criminal proceedings against petitioners accused of public nuisance and assault. The court relied on a settlement reached between parties, verified by the Station House Officer, and applied Gian Singh principles to halt further prosecution in this private dispute.

What did the court decide?

Criminal M.C. allowed; final report and all further proceedings in C.C. No.426/2020 quashed against the petitioners.

Mujeeb Rahman Vs Public Prosecutor — Quashing and FIR | 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 ZIYAD RAHMAN A.A.

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TUESDAY, THE 20^TH DAY OF SEPTEMBER 2022/29TH BHADRA, 1944

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CRL.MC NO. 725 OF 2022

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C.C NO.426/2020 OF JUDICIAL FIRST CLASS MAGISTRATE'S COURT (TEMPORARY), NEYYATTINKARA

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PETITIONER/S:

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1 MUJEEB RAHMAN, AGED 41 YEARS T.C. NO 53 -1294, PANAYIL HOUSE, PONNUMANGALAM, NEAR TRANSFORMER, NEMOM VILLAGE THIRUVANANTHAPURAM, PIN - 695019

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2 REJEEB, AGED 29 YEARS T.C. NO: 53-1294, PANAYIL HOUSE, PONNUMANGALAM, NEAR TRANSFORMER, NEMOM VILLAGE THIRUVANANTHAPURAM, PIN - 695019

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3 ANSHAD, AGED 25 YEARS T.C. 53-1193, VAYALIL HOUSE, PONNUMANGALAM, NEAR TRANSFORMER, NEMOM VILLAGE THIRUVANANTHAPURAM, PIN - 695019 BY ADVS. J.R.PREM NAVAZ SUMEEN S.

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RESPONDENT/S:

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1 PUBLIC PROSECUTOR STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR ERNAKULAM, PIN - 682031

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2 YAZER ARABATH M, AGED 36 YEARS 17-48A, SULTHAN KUDIYERUPPU, MUSLIM STREET KADAYAL, KALIYAL P.O, KADAYAL, KANYAKUMARI DISTRICT, TAMIL NADU STATE, PIN - 629101 BY ADV MUHAMMED SWADIQ Adv m p Prashanth -SR. PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.09.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C.No.725/2022

: 2 :

ORDER

Dated this the 20^th day of September, 2022

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The petitioners are accused Nos.1 to 3 in crime No.2727/2019 of Nemom Police Station, which is now pending as C.C. No.426/2020 before the Judicial First Class Magistrate's Court (Temporary), Neyyattinkara. The offences alleged against the petitioners are under Sections 294(b), 323, 325, 506(i) read with Section 34 of the Indian Penal Code.

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The prosecution case is that, on 15.11.2019 at 10 p.m., the petitioners abused the 2^nd respondent and assaulted him thereby causing injuries to him. Annexure-A1 is the final report submitted by the Police. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-A1 final report.

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Heard Sri. J.R. Prem Navaz, the learned counsel appearing for the petitioners, Sri. M.P. Prasanth, the learned Senior Public Prosecutor for the State and Sri. Muhammed Swadiq, the learned counsel appearing for the 2^nd respondent.

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Crl.M.C.No.725/2022

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: 3 :

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The prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure-A2 affidavit sworn by the 2^nd respondent is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the 2^nd respondent 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 2^nd respondent 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 continue.

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Crl.M.C.No.725/2022

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: 4 :

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In the result, this Crl.M.C. is allowed and Annexure-AI final report submitted in crime No.2727/2019 of Nemom Police Station and all further proceedings in C.C. No.426/2020 on the files of the

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Judicial First Class Magistrate's Court (Temporary), Neyyattinkara, against the petitioners are hereby quashed.

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Sd/ZIYAD RAHMAN A.A. JUDGE

ncd

Crl.M.C.No.725/2022

: 5 :

APPENDIX OF CRL.MC 725/2022

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PETITIONER ANNEXURES Annexure1 CERTIFIED COPY OF THE FINAL REPORT/CHARGE SHEET Annexure2 AFFIDAVIT OF THE 2ND RESPONDENT/DEFACTO COMPLAINANT

Mujeeb Rahman v. Public Prosecutor

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Mujeeb Rahman v. Public Prosecutor

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