Quashed

Jamsheed v. State of Kerala

Kerala HC24 Feb 2023Crl.MC/995/2023

Case brief

AI extract

What is this about?

The High Court of Kerala at Ernakulam quashed criminal proceedings arising from an FIR registered for offences under sections 143, 147, 148, 324, 308, 294(b), 506(ii) read with section 149 of the IPC. The court held that since the dispute had been settled and no public interest was involved, continuing the proceedings would be futile, relying on the principle that amicable resolution can ground qu

What did the court decide?

Quashing of all proceedings against the petitioners in S.C. No.1003/2017 arising from FIR No.1446/2015 of Nilambur Police Station.

Jamsheed 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 BECHU KURIAN THOMAS

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FRIDAY, THE 24^TH DAY OF FEBRUARY 2023 / 5TH PHALGUNA, 1944

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CRL.MC NO. 995 OF 2023

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SC 1003/2017 OF ADDITIONAL SESSIONS COURT - III, MANJERI

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PETITIONERS/ ACCUSED NOS.1 TO 8 & 10 :

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1 JAMSHEED, AGED 42 YEARS, S/O. CHEKKUTTY, MANOLAN HOUSE, CHARAMKULAM, CHANTHAKUNNU P.O., NILAMBUR, MALAPPURAM DISTRICT, PIN – 679 329

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2 SHAJAHAN C., AGED 35 YEARS,

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S/O MUSTHAFA, CHEMBAN HOUSE, CHAKKALAKUTH, NILAMBUR P.O., MALAPPURAM DISTRICT, PIN – 679 329

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3 RIYAS, AGED 37 YEARS, S/O MUHAMMEDALI, PARAKKAL HOUSE, CHANTHAKUNNU P.O., NILAMBUR, MALAPPURAM DISTRICT, PIN – 679 329

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4 SAJINDAS, AGED 30 YEARS, S/O MOHANDAS, CHOLAKKAL HOUSE, CHERUVATHUKUNNU, VEETIKKUTH, NILAMBUR P.O., MALAPPURAM DISTRICT, PIN – 679 329

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5 SUHAIL, AGED 32 YEARS, S/O ABDUL MAJEED, VADAKKETHIL HOUSE, NILAMBUR P.O., MALAPPURAM DISTRICT, PIN – 679 329

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CRL.MC NO. 995 OF 2023

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6 RAGESH, AGED 37 YEARS, S/O. GOPALAKRISHNAN, KUNNATH HOUSE, MUTHEERI, NALLAMTHANNI,CHAKKALAKUTHU, NILAMBUR P.O., MALAPPURAM DISTRICT, PIN - 679329

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7 ASHIQ, AGED 38 YEARS, S/O, ASMABI, KALLADA HOUSE, MUKKATTA, CHAKKALAKUTHU, NILAMBUR P.O., MALAPPURAM DISTRICT, PIN - 679329

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8 BAIJU A., AGED 37 YEARS, S/O BHASKARAN, ALANGADAN HOUSE, NILAMBUR P.O., MALAPPURAM DISTRICT, PIN – 679 329

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9 SANOOF, AGED 35 YEARS, S/O MOIDEENKOYA, KOTTAYIL HOUSE, MANALOTTI, CHAKKALAKUTHU, NILAMBUR P.O., MALAPPURAM DISTRICT, PIN – 679 329

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BY ADVS. NINEEP K. C.MOHAMMED MUSTHAFA

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RESPONDENTS/ STATE, DEFACTO COMPLAINANT & CW2 :

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

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2 BASHEER P.M., AGED 43 YEARS, S/O. ABDULLAKOYA, RESIDING AT POOKKUNNATH HOUSE, CHANDAKKUNNU P.O., NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN – 679 329

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CRL.MC NO. 995 OF 2023

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3 VENU, AGED 56 YEARS, S/O.SHANKARANKUTTY, RESIDING AT UMMAZHI HOUSE, KALLEMPADAM, NILAMBUR P.O., NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN – 679 329 SRI.NOUSHAD K.A, PUBLIC PROSECUTOR BY ADV.D.ARUN BOSE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

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24.02.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING :

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CRL.MC NO. 995 OF 2023

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BECHU KURIAN THOMAS, J.

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-------------------------------Crl.M.C.No.995 of 2023

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Dated this the 24^th day of February, 2023

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ORDER

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Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.

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Petitioners are accused Nos.1 to 8 & 10 in S.C. No.1003/2017 on the files of the Additional Sessions Court-III, Manjeri, arising out of FIR No.1446/2015 of Nilambur Police Station, registered for the offences under Sections 143, 147, 148, 341, 324, 308, 294(b) and 506(ii) r/w Section 149 of the Indian Penal Code, 1860. 2^nd respondent is the defacto complainant and the 3^rd respondent is the injured witness.

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Heard the learned counsel for the petitioners and the learned counsel for the respondents, apart from the learned Public Prosecutor.

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The learned counsel for the petitioners submitted that the matter has been settled and hence the proceedings against the petitioners 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.MC NO. 995 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 A7 and Annexure A8 affidavits filed by respondents 2 and 3. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavits are genuine, and the defacto complainant and the other deponent stand 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 petitioners in S.C. No.1003/2017 on the files of the Additional Sessions Court-III, Manjeri, arising out of FIR No.1446/2015 of Nilambur Police Station are quashed. This Crl.M.C is allowed as above.

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Sd/- BECHU KURIAN THOMAS, JUDGE

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RKM

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CRL.MC NO. 995 OF 2023

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APPENDIX OF CRL.MC 995/2023

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PETITIONERS' ANNEXURES :

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Annexure A1	CERTIFIED COPY OF DATED 23.12.2015 O STATION, MALAPPURA ON THE FILES OF TH DISTRICT AND SESSI AS S.C.NO. 1003/20	THE F.I.R. NO.1446/2015 F NILAMBUR POLICE M DISTRICT NOW PENDING E HONORABLE ADDL. ONS JUDGE III, MANJERI 17
Annexure A2	CERTIFIED COPY OF S.C.NO. 1003/2017 PENDING ON THE FIL ADDL. DISTRICT AND MANJERI	THE FINAL REPORT IN DATED 22.02.2016 NOW ES OF THE HONORABLE SESSIONS JUDGE III,
Annexure A3	CERTIFIED COPY OF CUM WOUND CERTIFIC RESPONDENT/DE-FACT 1003/2017 DATED 22 HONORABLE ADDL. DI JUDGE III, MANJERI	THE ACCIDENT REGISTER ATE OF THE 2ND O COMPLAINANT IN S.C.NO. .12.2015 ON THE FILES OF STRICT AND SESSIONS
Annexure A4	CERTIFIED COPY OF CUM WOUND CERTIFIC RESPONDENT/CW2 IN 22.12.2015 ON THE DISTRICT AND SESSI	THE ACCIDENT REGISTER ATE OF THE 3RD S.C.NO. 1003/2017 DATED FILES OF HONORABLE ADDL. ONS JUDGE III, MANJERI
Annexure A5	CERTIFIED COPY OF CUM WOUND CERTIFIC SASIDHARAN/CW3 IN 22.12.2015 ON THE DISTRICT AND SESSI	THE ACCIDENT REGISTER ATE OF DECEASED S.C.NO. 1003/2017 DATED FILES OF HONORABLE ADDL. ONS JUDGE III, MANJERI

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Annexure A6 PRINT OUT COPY OF THE DEATH CERTIFICATE OF SASIDHARAN/CW3 IN S.C.NO.1003/2017 ON THE FILES OF HONORABLE ADDL. DISTRICT AND SESSIONS JUDGE III, MANJERI, WHO DIED ON 17.09.2020.

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CRL.MC NO. 995 OF 2023

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Annexure A7 THE AFFIDAVIT DATED 19.01.2023 SIGNED BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT. Annexure A8 THE AFFIDAVIT DATED 19.01.2023 SIGNED BY THE 3RD RESPONDENT/CW2

Jamsheed v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jamsheed v. State of Kerala

Case brief

What is this about?

What did the court decide?

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