Allowed

Latheef v. State of Kerala

Kerala HC5 Jul 2024Crl.MC/2873/2024

Case brief

AI extract

What is this about?

In a criminal revision petition under Section 482 CrPC, the Kerala High Court observed an affidavit confirming settlement between the de facto complainant and accused. The court found no public interest involved and quashed the proceedings against petitioners as a futile exercise.

What did the court decide?

All proceedings against petitioners in C.C. No. 1392 of 2020 on the files of the Judicial First Class Magistrate's Court, Vadakara are quashed.

Latheef Vs State of Kerala — Cheating and Forgery | Kerala HC (2024)

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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 5TH DAY OF JULY 2024 / 14TH ASHADHA, 1946

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CRL.MC NO. 2873 OF 2024

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CRIME NO.696/2012 OF Vadakara Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1392 OF 2020 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,VADAKARA
PETITIONERS:

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1LATHEEF
AGED 46 YEARS
S/O MAMMU HAJI,
KUNITHALA HOUSE,
NANDI, MOODADI VILLAGE,
VANMUGAM AMSOM
KADALUR DESOM,
POST- KADALUR KOYILANDI TALUK,
KOZHIKKODE DISTRICT, PIN - 673529
2KHALEEL
AGED 44 YEARS
S/O MAMMU HAJI,
KUNITHALA HOUSE,
NANDI, MOODADI VILLAGE,
VANMUGAM AMSOM KADALUR DESOM,
POST- KADALUR,
KOYILANDI TALUK,
KOZHIKKODE DISTRICT., PIN - 673529
BY ADVS.
ARJUN C BHASKAR
ATHUL KRISHNA A.

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RESPONDENTS:

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1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
PIN - 682031
2GEETALAXMI S.
PRINCIPAL, RANI PUBLIC SCHOOL,
CHORODE, VATAKARA TALUK,
KOZHIKODE DISTRICT, PIN - 573106
BY ADVS.
GOKUL DEVIS
VISHNU C. BHASKAR

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CRL.MC NO. 2873 OF 2024

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OTHER PRESENT:

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SRI. ASHI M.C (PP)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 05.07.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:

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CRL.MC NO. 2873 OF 2024

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BECHU KURIAN THOMAS, J.

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Crl.M.C. No. 2873 of 2024

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Dated this the 5^th day of July, 2024

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ORDER

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Petitioners have invoked the jurisdiction under Section 482 of Code of Criminal Procedure, 1973 to quash all proceedings against them.

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Petitioners are the accused in C.C. No. 1392 of 2020 on the files of the Judicial First Class Magistrate’s Court, Vadakara, arising out of Crime No. 696 of 2012 of Vadakara Police Station, Kozhikode, registered for the offences under Sections 143, 147, 448, 341, 323, 294(b) and 160 r/w Section 149 of the Indian Penal Code, 1860. Second respondent is the defacto complainant.

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According to the prosecution, the accused had on 28-07-2012 formed themselves into an unlawful assembly and after trespassing into the Rani Public School and assaulted and abused the students and thereby committed the offences alleged.

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Heard the learned counsel for the petitioners and the

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CRL.MC NO. 2873 OF 2024

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learned counsel for the respondent, 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 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 A3 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

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CRL.MC NO. 2873 OF 2024

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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 C.C. No. 1392 of 2020 on the files of the Judicial First Class

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Magistrate’s Court, Vadakara 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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AJM

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CRL.MC NO. 2873 OF 2024

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APPENDIX OF CRL.MC 2873/2024

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`PETITIONER ANN`	`EXURES`
`Annexure A1`	`THE TRUE COPY OF` `CRIME DATED 28/7/2`	`FIR IN THE ABOVE` `012 IS PRODUCED`
`Annexure A2`	`THE TRUE COPY`	`OF THE FINAL`
	`REPORT/CHARGE IN`	`C.C. NO. 1392/2020`
	`ON THE FILES OF`	`THE JUDICIAL FIRST`
	`CLASS MAGISTRATE` `DATED 31/10/2012`	`COURT, VATAKARA`
`Annexure A3`	`THE 2ND RESPONDEN`	`T HAS SWORN TO AN`
	`AFFIDAVIT PROVIN`	`G THE FACTUM OF`
	`SETTLEMENT IN THE` `AFFIDAVIT DATED 5/`	`MATTER AND THE SAID` `12/2022`

Latheef v. State of Kerala

Case brief

What is this about?

What did the court decide?

Latheef v. State of Kerala

Case brief

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