Allowed

Muhammed Anas v. State of Kerala

Kerala HC20 Sept 2023Crl.MC/977/2023

Case brief

AI extract

What is this about?

The High Court allowed a Criminal Miscellaneous petition directed at quashing criminal proceedings under Section 498A IPC. The Court observed that the disputes between the petitioner and the complainant had been settled, and since no public interest existed in continuing the trial, it quashed the proceedings under Section 482 CrPC.

What did the court decide?

All further proceedings in C.C. No.120/2022 will stand quashed as against the petitioner on the ground of settlement.

Muhammed Anas Vs State of Kerala — Matrimonial and Divorce | 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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WEDNESDAY, THE 20TH DAY OF SEPTEMBER 2023 / 29TH BHADRA, 1945

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CRL.MC NO. 977 OF 2023

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AGAINST THE ORDER IN CC 120/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, OTTAPPALAM

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PETITIONER:

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MUHAMMED ANAS

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AGED 26 YEARS, S/O. NASAR, THEYYALIKKAL HOUSE,
MARAYAMANGALAM, P.O. NELLAYA, OTTAPALAM TALUK,
PALAKKAD DISTRICT, PIN – 679 335

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BY ADV P.JAYARAM

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,

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HIGH COURT OF KERALA, ERNAKULAM., PIN – 682 031

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2 FATHIMA RIFANA

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AGED 20 YEARS, D/O. SAINUDEEN, KANNAMTHODI HOUSE,
P.O. THOOTHA, ANAMANGAD, PERINTHALMANNA TALUK,
MALAPPURAM DISTRICT, PIN – 679 357

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BY ADV

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SRI.AJOY P.B.

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SRI. NOUSHAD K A – SR.PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

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20.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C. No.977 of 2023

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.. 2 ..

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O R D E R

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Dated this the 20^th day of September, 2023

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Petitioner is the sole accused in Crime No.52/2022 of Cherpulasseri police station, Palakkad District, which is now pending as C.C. No.120/2022 on the file of the Judicial First Class Magistrate Court-I, Ottapalam, alleging commission of offences punishable under Section 498A of the Indian Penal Code.

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Learned counsel appearing for the petitioner would submit that the entire issues between the petitioner and the 2^nd respondent (the de facto complainant) have been settled. (Learned counsel appearing for the petitioner also refers to Annexure A-4 affidavit executed by the 2^nd respondent to establish that the entire issues between the petitioner and the 2^nd respondent have been settled and the 2^nd respondent does not intend to continue with the proceedings against the petitioner).

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Learned Public Prosecutor and the learned counsel appearing for the 2^nd respondent affirms that the entire disputes between the petitioner and the 2^nd respondent have

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Crl.M.C. No.977 of 2023

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.. 3 ..

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been settled and that the 2^nd respondent does not wish to continue with the proceedings against the petitioner.

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Having heard the learned counsel appearing for the petitioner, 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 petitioner. Therefore, in exercise of the jurisdiction vested in this Court under Section 482 of the Code of Criminal Procedure, further proceedings against the petitioner 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.120/2022 on the file of the Judicial First Class Magistrate Court-I, Ottapalam (Crime No.52/2022 of Cherpulasseri police station, Palakkad District) will stand quashed as against the petitioner.

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Sd/-

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GOPINATH P. JUDGE

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ded

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Crl.M.C. No.977 of 2023

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.. 4 ..

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APPENDIX OF CRL.MC 977/2023

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PETITIONER ANNEXURES

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Annexure A1TRUE COPY OF THE FIRST INFORMATION REPORT
AND FIRST INFORMATION STATEMENT IN CRIME
NO.52/2022 OF CHERPULASSERI POLICE
STATION
Annexure A2CERTIFIED COPY OF THE FINAL REPORT/CHARGE
SHEET IN CRIME NO. 52/2022 OF
CHERPULASSERI POLICE STATION/ C.C. NO.
120/2022 ON THE FILES OF JUDICIAL IST
CLASS MAGISTRATE-I, OTTAPALAM
Annexure A3TRUE COPY OF THE MEMORANDUM OF EVIDENCE
IN CRIME NO. CRIME NO. 52/2022 OF
CHERPULASSERI POLICE STATION/C.C NO.
120/2022 ON THE FILES OF JUDICIAL IST
CLASS MAGISTRATE-I, OTTAPALAM
Annexure A4TRUE COPY OF AFFIDAVIT DATED 26/11/2022
SWORN TO AND EXECUTED BY THE 2ND
RESPONDENT EVIDENCING THE SETTLEMENT OF
THE CASE BETWEEN THE PETITIONER AND 2ND
RESPONDENT

Muhammed Anas v. State of Kerala

Case brief

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Muhammed Anas v. State of Kerala

Case brief

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