Allowed

Mohammed Ahraf v. State of Kerala

Kerala HC20 Oct 2023Crl.MC/4324/2023

Case brief

AI extract

What is this about?

The High Court at Ernakulam allowed a criminal miscellaneous petition seeking quashing of proceedings under Section 482 Cr.P.C. Findings were set aside following a settlement between parties, with no public interest involved in continuing the prosecution.

What did the court decide?

Criminal miscellaneous case and all further proceedings in CC No. 592/2022 on the file of the Judicial First Class Magistrate Court, Thalassery will stand quashed as against the petitioners.

Mohammed Ahraf Vs State of Kerala — Cheque Dishonour | 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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FRIDAY, THE 20TH DAY OF OCTOBER 2023 / 28TH ASWINA, 1945

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CRL.MC NO. 4324 OF 2023

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IN CC 592/2022 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,THALASSERY

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CRIME NO.522/2021 OF CHOKLI POLICE STATION, KANNUR DISTRICT

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PETITIONERS/ACCUSED NOS.1 TO 3:

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1MOHAMMED AHRAF
AGED 33 YEARS
SAFIYA' MANZIL, EAST PALLOOR, CHOKLI.P.O, MAHE,
PONDICHERY STATE, PIN – 670 672.

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2ASHRAF MOTTAMMAL
AGED 54 YEARS, S/O.YOUSUF.M.P,
'SAFIYA' MANZIL, EAST PALLOOR, NEAR AVAROTH SCHOOL,
P.O.CHOKLI, MAHE, PONDICHERY STATE., PIN – 670 672.

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3RUXANA.P.K
AGED 51 YEARS, W/O.ASHRAF.M,
'ASHIYANA', KODIYERI, PARAL, THALASSERY TALUK,
KANNUR DISTRICT, KERALA, PIN – 670 671.
BY ADVS.
 D.ARUN BOSE
 K.VISWAN

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RESPONDENT/DEFACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031.

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2FAHMIDA ABDUL RASHEED UMER
AGED 28 YEARS, W/O MOHAMEED ASHRAF,
FINE VILLA, MENAPARAM, P.O.CHOKLI THALASSERY TALUK,
KANNUR DISTRICT KERALA, INDIA, PIN – 670 672.

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BY ADVS

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 VIPIN NARAYAN (SR PP)
 PRASANTH K.T (FOR R2)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 4324 OF 2023 2

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ORDER

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Petitioners are accused Nos. 1 to 3 in Crime No.522/2021 of Chokli police station, Kannur district, which is now pending as C.C.No.592/2022 on the file of the Judicial First Class Magistrate Court, Thalassery, alleging commission of offences punishable under Sections 323, 324, 506 and 498 A r/w Section 34 of the Indian Penal Code.

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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-IV 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 Senior Public Prosecutor and the learned counsel appearing for the 2^nd respondent affirm 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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Having heard the learned counsel appearing for the

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CRL.MC NO. 4324 OF 2023 3

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petitioners, learned Senior 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.592/2022 on the file of the Judicial First Class Magistrate Court, Thalassery (arising out of Crime No.522/2021 of Chokli Police Station, Kannur district) will stand

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quashed as against the petitioners.

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Sd/GOPINATH P. JUDGE

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ats

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CRL.MC NO. 4324 OF 2023 4

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APPENDIX OF CRL.MC 4324/2023

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PETITIONERS’ ANNEXURES

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Annexure - IA COPY OF THE PRIVATE COMPLAINT FILED BEFORE
JUDICIAL FIRST CLASS MAGISTRATE, THALASSERY AS
C.M.P.NO.1665/2021 DATED 06.10.2021

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Annexure - IIA TRUE COPY OF THE F.I.R.NO.522/2021 OF CHOKLI
POLICE DATED 12.10.2021

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Annexure 3CERTIFIED COPY OF THE FINAL REPORT IN
F.I.R.NO.522/2021 OF CHOKLI POLICE STATION DATED
02.05.2022

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Annexure - IVAFFIDAVIT EXECUTED BY RESPONDENT NO. 2 HEREIN
ENDORSING HER NO OBJECTION IN ALLOWING PETITION
U/S. 482 OF CR.P.C

Mohammed Ahraf v. State of Kerala

Case brief

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Mohammed Ahraf v. State of Kerala

Case brief

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