Allowed

Muhammed Rafi.K v. State of Kerala

Kerala HC6 Mar 2024Crl.MC/470/2024

Case brief

AI extract

What is this about?

The Kerala High Court allowed a criminal miscellaneous petition under Section 482 CrPC filed by an accused to quash the final report in a CCC. The court quashed proceedings noting that the matter was amicably settled and the complainant had no objection, relying on Supreme Court precedents regarding settlements.

What did the court decide?

Annexure A1 final report in C.C.No.359/2023 on the file of Judicial Magistrate of First Class-I, Koyilandy is quashed.

Muhammed Rafi.K Vs State of Kerala — Quashing and FIR | 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 MRS. JUSTICE SOPHY THOMAS

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WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA,

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CRL.MC NO. 470 OF 2024

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CRIME NO.36/2023 OF Elathur Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.359 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I,KOYILANDY
PETITIONER/ACCUSED:

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MUHAMMED RAFI.K
AGED 40 YEARS
S/O. USSAIN.K.P, MUTHUVANA CHALIL HOUSE, KUNIYL
PARAMBU, NALLALAM (P.O), KOZHIKODE., PIN -
673027
BY ADV K.DEEPA (PAYYANUR)

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RESPONDENTS/COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031

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2SEENATH
AGED 42 YEARS
W/O. PRASEEL RAJ, AMMANAMKANDY HOUSE, ELATHUR
P.O, KOZHIKODE (DIST)., PIN - 673303
SR.PP-SRI.RENJIT GEORGE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.03.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:

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Crl.M.C.No.470/2024

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..2..

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SOPHY THOMAS, J

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=========================

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Crl.M.C.No.470/2024

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========================== Dated this the 6^th day of March, 2024

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ORDER

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This Crl.M.C. under Section 482 of CrPC is filed by the sole accused in Crime No.36/2023 of Elathoor Police Station, Kozhikode, registered under Sections 448, 323, 506 and 427 of IPC, to quash Annexure A1 final report in C.C.No.359/2023 on the file of Judicial Magistrate of First Class-I, Koyilandy.

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The prosecution allegation is that, on 06.01.2023 at 9.30 PM, the petitioner trespassed into the house of the defacto complainant due to the enmity towards her husband’s brother and pushed her down causing her minor injury. He destroyed the windows, tube lights and pipes causing loss, and threatened to kill the de-facto complainant and her daughter with a chopper.

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When the case is taken up for consideration, learned counsel for the petitioner would submit that, the matter has been amicably settled and he produced Annexure A2 affidavit filed by the de-facto complainant, stating that the

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..3..

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Crl.M.C.No.470/2024

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entire dispute has been settled, and she is not intending to prosecute this matter any further.

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Learned Public Prosecutor obtained instructions regarding the settlement, and he produced signed statement of the de-facto complainant, in which she has stated that, she has no objection in quashing Annexure A1 final report and the proceedings pursuant thereto. As the matter stands settled, this Court is of the view that, there is no purpose in proceeding with the criminal prosecution initiated against the petitioner.

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In the light of the principles laid down by the Hon’ble Supreme Court in Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] and State of Madhya Pradesh v. Laxmi Narayanan and others [(2019) 5 SCC 688], this Court is of the view that the proceedings can be quashed on the basis of settlement.

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In the result, this Criminal Miscellaneous Case is allowed, and Annexure A1 final report in C.C.No.359/2023 on the file of Judicial Magistrate of First Class-I, Koyilandy, stands quashed.

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Sd/-

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ACR

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Crl.M.C.No.470/2024

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..4..

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APPENDIX OF CRL.MC 470/2024

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PETITIONER ANNEXURES

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Annexure -A1TRUE COPY OF THE FINAL REPORT DATED
28.03.2023 OF CRIME NO.36/2023 OF THE
ELATHOOR POLICE STATION; KOZHIKODE
CITY.

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Annexure -A2AFFIDAVIT DATED 01.12.2023 FILED BY
THE2NDRESPONDENT/DE-FACTO
COMPLAINANT TO THE EFFECT OF
SETTLEMENT OF CASE.

Muhammed Rafi.K v. State of Kerala

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Muhammed Rafi.K v. State of Kerala

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