Allowed

Haris v. State of Kerala

Kerala HC16 Mar 2023Crl.MC/744/2023

Case brief

AI extract

What is this about?

Petitioner challenged criminal proceedings in a criminal miscellaneous petition under Section 482 Cr.P.C. The court quashed the proceedings based on the settlement between the parties and absence of public interest in continuing the trial after perusing the respondent's affidavit.

What did the court decide?

All proceedings against the petitioner in C.C. No.1573/2019 on the files of the Judicial First Class Magistrate Court-I, Attingal, are quashed.

Haris Vs State of Kerala — Money Laundering | 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 BECHU KURIAN THOMAS

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THURSDAY, THE 16TH DAY OF MARCH 2023 / 25TH PHALGUNA, 1944

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CRL.M.C NO. 744 OF 2023

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IN C.C.NO.1573/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -
I,ATTINGAL

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PETITIONER/ACCUSED:

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HARIS
AGED 36 YEARS
S/O SHARAFUDEEN,
RESIDING AT NIYAS MANZIL, HOUSE NO: 13/92,
ALAMKODE P.O, CHIRAYINKEEZHU TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN – 695102

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BY ADVS.
J.R.PREM NAVAZ
SUMEEN S.
MUHAMMED SWADIQ
O.MOHAMED BASIL KOYA THANGAL

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RESPONDENTS/STATE/D.C & INJURED:

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1STATE OF KERALA
REPRESENTED PUBLIC PROCECUTOR,
HIGH COURT OF KERALA, KOCHIN, PIN – 682031

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2NASAR
AGED 47 YEARS
S/O ABDUL RAHMAN,
RESIDING AT ANSAR MANZIL,
MARKET ROAD, MANAMBOOR VILLAGE,
ALAMKODE, CHIRAYINKEEZHU TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN – 695102

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BY ADV
ADV.AJOY VENU

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OTHER PRESENT:

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SMT.SREEJA V
PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.03.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.744 of 2023

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BECHU KURIAN THOMAS, J.

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==================== Crl.M.C.No.744 of 2023

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===================== Dated this the 16^th day of March, 2023

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ORDER

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Petitioner has invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against him.

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Petitioner is the sole accused in C.C. No.1573/2019 on the files of the Judicial First Class Magistrate Court-I, Attingal, arising out of Crime No.567/2019 of Nagaroor Police Station, Thiruvananthapuram, registered for the offences under Sections 341, 323, 324, 294(b) and 506(ii) of the Indian Penal Code, 1860. 2^nd respondent is the defacto complainant.

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Heard the learned counsel for the petitioner and the learned counsel for the respondent, apart from the learned Public Prosecutor.

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The learned counsel for the petitioner submitted that the matter has been settled and hence the proceedings against the petitioner ought to be quashed. It was also submitted that, considering the nature of offences alleged, no purpose would be served by continuing the proceedings.

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In Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303], the Apex Court has held that in appropriate cases, the High

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Crl.M.C.No.744 of 2023

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Court can take note of the amicable resolution of disputes between the victim and the wrongdoer to put an end to the criminal proceedings. This view was reiterated in Narinder Singh and Others v. State of Punjab and Another [(2014) 6 SCC 466] and Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653].

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I have perused Annexure A2 affidavit filed by the 2^nd respondent. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavit is genuine, and the defacto complainant stands by the contents thereof. I am satisfied that the matter has been settled and no public interest is involved in this case. There is no impediment for granting the prayer for quashing. The continuance of the proceedings will only be an exercise in futility.

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Accordingly, all proceedings against the petitioner in C.C. No.1573/2019 on the files of the Judicial First Class Magistrate Court-I, Attingal, are quashed.

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This Crl.M.C is allowed as above.

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Sd/-

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BECHU KURIAN THOMAS JUDGE

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Jka/16.03.23.

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Crl.M.C.No.744 of 2023

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APPENDIX OF CRL.M.C.NO.744/2023

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PETITIONER’S ANNEXURES

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Annexure A1CERTIFIEDCOPYOFTHEFINAL
REPORT/CHARGE SHEET IN CRIME NO: 567 OF
2019 OF NAGAROOR POLICE STATION,
THIRUVANANTHAPURAM DISTRICT
Annexure A2AFFIDAVIT FILED BY THE 2ND RESPONDENT

Haris v. State of Kerala

Case brief

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What did the court decide?

Haris v. State of Kerala

Case brief

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