Allowed

Abdul Rauf v. State of Kerala

Kerala HC10 Oct 2023Crl.MC/2612/2023

Case brief

AI extract

What is this about?

The High Court of Kerala granted an application to quash criminal proceedings against two accused persons charged under the IPC and Domestic Violence Act. The court ruled that since the parties had settled all disputes and public interest was not involved, the proceedings were terminated under Section 482 CrPC.

What did the court decide?

Criminal Misc. Case allowed and all further proceedings in C.C. No.63/2021 quashed against the petitioners on the ground of settlement.

Abdul Rauf Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2023)

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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 GOPINATH P.

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TUESDAY, THE 10TH DAY OF OCTOBER 2023 / 18TH ASWINA, 1945

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CRL.MC NO. 2612 OF 2023

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CRIME NO.15/2021 OF VANITHA POLICE STATION, KASARGODE, Kasargod AGAINST THE ORDER/JUDGMENT CC 63/2021 OF CHIEF JUDICIAL MAGISTRATE ,KASARAGOD

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PETITIONERS/ACCUSED NOS.1 AND 2:

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1 ABDUL RAUF, AGED 35 YEARS SON OF ISMAIL RAUF MANZIL, ADKATHBAIL, KUDLU VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT-, PIN - 671124

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2 SUHARABI, AGED 61 YEARS WIFE OF ISMAIL RAUF MANZIL, ADKATHBAIL, KUDLU VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT-, PIN - 671124

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BY ADVS.

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A.ARUNKUMAR
S.SHYAM KUMAR
HEERAKRISHNA T.H.
SACHIN GEORGE ARAMBAN

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RESPONDENT/STATE AND DE FACTO COMPLAINANT:

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

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2 SUHARABI. H, AGED 30 YEARS WIFE OF ABDUL RAUF, RAUF MANZIL,ADKATHBAIL, KUDLU VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT-, PIN - 671124

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SRI. VIPIN NARAYAN, SR. PP

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SRI. VIPIN T. JOSE FOR RESPONDENT

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

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10.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 2612 OF 2023 2

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ORDER

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Petitioners are the accused in Crime No.15/2021 of Kasaragod Vanitha police station, Kasaragod district, which is now pending as C.C. No.63 of 2021 on the file of the Chief Judicial Magistrate Court, Kasaragod, alleging commission of offence punishable under Section 498A of the Indian Penal Code and Section 31(1) of the Protection of Women from Domestic Violence Act. .

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Learned counsel appearing for the petitioners would submit that the entire issues between the petitioners and the 2^nd respondent (the de facto complainant) have been settled. Learned counsel appearing for the petitioners also refers to Annexure-III affidavit executed by the 2^nd respondent to establish that the entire issues between the petitioners and the 2^nd respondent have been settled and the 2^nd respondent does not intend to continue with the proceedings against the petitioners.

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Learned Public Prosecutor and the learned counsel appearing for the 2^nd respondent affirms that the entire disputes between the petitioners and the 2^nd respondent have been settled and that the 2^nd respondent does not wish to continue with the proceedings against the petitioners.

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CRL.MC NO. 2612 OF 2023 3

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Having heard the learned counsel appearing for the petitioners, learned Public Prosecutor and the learned counsel appearing for the 2^nd respondent, I am of the view that this Crl.M.C. can be allowed on the ground of settlement. There is no public interest involved in continuing the proceedings against the petitioners. Therefore, in exercise of the jurisdiction vested in this Court under Section 482 of the Code of Criminal Procedure, further proceedings against the petitioners can be quashed on the ground of settlement.

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Accordingly, the Crl.M.C is allowed and all further proceedings in C.C. No.63/2021 on the file of the Chief Judicial Magistrate Court, Kasaragod (Crime No.15/2021 of Kasaragod Vanitha police station) will stand quashed as against the petitioners.

Sd/-

GOPINATH P.

JUDGE

ajt

CRL.MC NO. 2612 OF 2023 4

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APPENDIX OF CRL.MC 2612/2023

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PETITIONER ANNEXURES
Annexure AIA TRUE COPY OF THE F.I.R IN CRIME NO.15 OF
2021 OF KASARAGOD VANITHA POLICE STATION
Annexure AIICERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO. 15 OF 2021 OF KASARAGOD VANITHA POLICE
STATION
Annexure AIIITHE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT

Abdul Rauf v. State of Kerala

Case brief

What is this about?

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Abdul Rauf v. State of Kerala

Case brief

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