Disposed

Alimon v. State of Kerala

Kerala HC3 Oct 2023Crl.MC/4007/2023

Case brief

AI extract

What is this about?

The Kerala High Court allowed a Criminal Miscellaneous Case to quash criminal proceedings under Section 420 IPC against the petitioner. The court held that since the dispute was settled by the parties, no public purpose would be served by continuing the prosecution.

What did the court decide?

Crl.M.C. allowed; all further proceedings against the petitioner in C.C.No.153 of 2022 at Manjeri quashed.

Alimon Vs State of Kerala — Criminal Trial and Appeal | 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 3RD DAY OF OCTOBER 2023 / 11TH ASWINA, 1945

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CRL.MC NO. 4007 OF 2023

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CC 153/2022 OF CHIEF JUDICIAL MAGISTRATE, MANJERI CRIME NO.135/2022 OF AREACODE POLICE STATION, MALAPPURAM

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PETITIONER/ACCUSED :

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ALIMON
AGED 35 YEARS
S/O. KORALIYADAN ABOOBACKER,
KORALIYADAN HOUSE, VANNILAPARAMB,
MAITHRA, MALAPPURAM DISTRICT, PIN - 673639
BY ADV K.RAKESH

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RESPONDENTS/STATE & COMPLAINANT:

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1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
KOCHI, PIN - 682031
2THE STATION HOUSE OFFICER
AREACODE POLICE STATION,
MALAPPURAM, PIN - 673639
3SATHYABHAMA P
AGED 47 YEARS
D/O. PALANKUTTY, AGED 47 YEARS,
MUNJAKOTTIL HOUSE, CHEMRAKKATTOOR,
AREAKODE AMSOM, CHEMRAKKATTOOR DESOM,
ERNAD TALUK, MALAPPURAM DISTRICT,
PIN - 673639

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OTHER PRESENT:

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SR.PP- SRI.NOUSHAD K.A.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.4007 of 2023

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O R D E R

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The petitioner faces prosecution under Section 420 of

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the Indian Penal Code. A crime has been registered against the petitioner as Crime No.135 of 2022 of Areacode Police Station, Malappuram, alleging commission of offence under the aforesaid provision of law. The matter is now pending as C.C.No.153 of 2022 on the file of the Chief Judicial Magistrate Court, Manjeri.

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The learned counsel appearing for the petitioner would submit that the entire disputes between the petitioner and the defacto complainant (third respondent) have been settled, as is evident from Annexure-B affidavit executed by the third respondent/defacto complainant. It is submitted that no useful purpose would be served in continuing with the prosecution against the petitioner in the light of the settlement of all issues between the petitioner and the third respondent/defacto complainant.

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The learned Public Prosecutor, on instructions, would submit that the disputes between the petitioner and the third respondent have been settled and the third respondent does not wish to continue with the prosecution against the petitioner.

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Crl.M.C.No.4007 of 2023

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Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and the learned counsel appearing for the third respondent/defacto complainant and keeping in mind the law laid down by the Supreme Court in Gian Singh v. State of Punjab; (2012) 10 SCC 303 and State of M.P. v. Laxmi Narayan ; (2019) 5 SCC 688 , I am of the view that the proceedings against the petitioner can be quashed on the ground of settlement. No public purpose would be served by continuing with the proceedings against the petitioner inC.C.No.153 of 2022 on the file of the Chief Judicial Magistrate Court, Manjeri. The chance of a successful prosecution are also minimal in the light of the settlement arrived at between the parties.

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In the result, this Crl.M.C. is allowed and all further proceedings against the petitioner in C.C.No.153 of 2022 on the file of the Chief Judicial Magistrate Court, Manjeri will stand quashed.

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Sd/- GOPINATH P., JUDGE

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rkj

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Crl.M.C.No.4007 of 2023

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APPENDIX OF CRL.MC 4007/2023

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PETITIONER ANNEXURES
Annexure AA CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.135/2022 OF THE AREACODE POLICE
STATION
Annexure BTHE AFFIDAVIT DATED 6-1-2023 EXECUTED BY
THE 3RD RESPONDENT

Alimon v. State of Kerala

Case brief

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Alimon v. State of Kerala

Case brief

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