Accused in a kidnapping and assault case sought quashing after settlement with the defacto complainant. Relying on Supreme Court precedent on quashing upon amicable settlement and a verified affidavit from the complainant, the High Court quashed all proceedings.
All proceedings against petitioners in Crime No. 247/2024 of Vallanchery Police Station quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 9TH DAY OF JULY 2024 / 18TH ASHADHA, 1946
CRL.MC NO. 2877 OF 2024
CRIME NO.247/2024 OF Valanchery Police Station, Malappuram PETITIONERS:
1NOUFAL
AGED 34 YEARS
S/O MARAKKAR ,
MANGADAN,
EDARIKKOD PO,
KOTTAKKAL,
MALAPPURAM, PIN - 676501
2SALMANUL SABITH
AGED 22 YEARS
S/O SHAJAHAN,
THAIKKULATHIL HOUSE,
KARIPPOL PO,
ATHAVANAD,
CHETTUR,
MALAPPURAM, PIN - 676552
3SHAHUL HAMEED
AGED 24 YEARS
S/O SAITHALAVI,
THAIKKULATHIL HOUSE,
CHOTTUR, KARIPPOL,
MALAPPURAM, PIN - 676552
4MUHAMMED UNAIZ
AGED 21 YEARS
S/O MUHAMMED HAJI,
VETTIKKATTIL KOLARIKATTIL HOUSE,
ATHAANAD PO , MALAPPURAM, PIN - 679571
5SHEHAZAN TP
AGED 33 YEARS
S/O SUDHEER TP,
THANGALPARAMBIL,
KARTHALAPO,
THOZHUVANUR,
MALAPURAM, PIN - 682017
BY ADVS.
P.C.ANIL KUMAR
MANU.M.THOMAS
SHIKHA C
CRL.MC NO. 2877 OF 2024
2
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 6820312 MUHAMMED SAFWAN S/O BEERAN, MANGATTIL HOUSE, PERASSANNUR, KUTTIPPURAM, MALAPPURAM-, PIN - 679572 BY ADV BINDU MOHANOTHER PRESENT:
SRI. NOUSHAD K. A. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 09.07.2024, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
CRL.MC NO. 2877 OF 2024
3
BECHU KURIAN THOMAS, J.
Crl.M.C. No. 2877 of 2024
Dated this the 9th day of July, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 482 of Code of Criminal Procedure, 1973 to quash all proceedings against them.
2024 kidnapped the defacto complainant and assaulted him and thereby committed the offences alleged.
4
CRL.MC NO. 2877 OF 2024
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].
This Crl.M.C is allowed as above.
BECHU KURIAN THOMAS JUDGE
AJM
CRL.MC NO. 2877 OF 2024
5
APPENDIX OF CRL.MC 2877/2024
PETITIONER ANNEXURES
Annexure A1CERTIFIED COPY OF THE FIR NO 247/2024
DATED 14.02.2024 OF VALANCHERRY PS,
MALAPPURAM
Annexure A2A AFFIDAVIT DATED 11.03.2024 EXECUTED
BY THE 2ND RESPONDENT
1 issue framed by the court
Whether criminal proceedings in a settled private dispute can be quashed under Section 482 CrPC.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherRelied on
(2012) 10 SCC 303 · Who else cites this
Narinder Singh and Others v. State of Punjab and AnotherRelied on
(2014) 6 SCC 466 · Who else cites this
Yogendra Yadav and Others v. State of Jharkhand and AnotherRelied on
(2014) 9 SCC 653 · Who else cites this
6 provisions across 2 enactments
Noufal
Salmanul Sabith
Shahul Hameed
Muhammed Unaiz
Shehazan TP
State of Kerala
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court