Allowed

Isahaq v. Raseena

Kerala HC5 Mar 2024Crl.MC/5175/2023

Case brief

AI extract

What is this about?

Accused in a robbery case sought quashing of FIR and charge-sheet after settlement with the defacto complainant. With the complainant's affidavit and the Public Prosecutor confirming settlement, the court quashed the charge-sheet following Supreme Court precedent on quashing upon genuine settlement.

What did the court decide?

Annexure-A2 charge-sheet in C.C.No.104/2020 before JFCM-III North Paravur quashed.

Isahaq Vs Raseena — Quashing and FIR | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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 THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
 TUESDAY, THE 5 TH DAY OF MARCH 2024 / 15TH PHALGUNA, 1945
 CRL.MC NO. 5175 OF 2023

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 CRIME NO.331/2019 OF Vadakkekara Police Station, Ernakulam
 CC NO.104 OF 2020 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-
 III, NORTH PARAVUR

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 PETITIONER/ACCUSED:

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 ISAHAQ, AGED 31 YEARS,
 S/O ABDUL RAHMAN, PAYYAKATU HOUSE, KUNNAMKULAM KARA,
 METHALA VILLAGE, KODUNGALLOOR, THRISSUR, PIN - 680664.

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 BY ADV NIJI K.SHAHUL

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 RESPONDENTS/COMPLAINANT & STATE:

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1 RASEENA, AGED 22 YEARS, D/O RAHIM, KAITHAKKAL HOUSE, NEENDOOR KARA, VADAKEKKARA VILLAGE, ERNAKULAM DISTRICT, NOW RESIDING AT PAYYAKATU HOUSE, KUNNAMKULAM KARA, METHALA VILLAGE, KODUNGALLOOR, THRISSUR, PIN - 680664.

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2 SUB INSPECTOR OF POLICE, VADAKKEKARA POLICE STATION, ERNAKULAM DISTRICT, PIN - 680732.

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3 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031.

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 BY ADV PARVATHY SREEKUMAR

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SR.PUBLIC PROSECUTOR SRI.VIPIN NARAYAN

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 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
 05.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.5175/2023 2

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O R D E R

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This Crl.M.C. under Section 482 of Cr.P.C. is filed by the sole accused in Crime No.331 of 2019 of Vadakkekara Police Station, Ernakulam District, registered under Sections 451, 392 and 506 of IPC, for quashing Annexure-A1 FIR and Annexure-A2 charge-sheet in C.C.No.104 of 2020, on the file of Judicial First Class Magistrate Court-III, North Paravur.

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The prosecution allegation is that on 05.05.2019, at midnight, the petitioner threatened the defacto complainant, and forced her to elope with him, and when she refused, he snatched away her gold chain weighing 2 sovereigns, causing loss of Rs.50,000/- to her.

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When the case is taken up for consideration, learned counsel for the petitioner would submit that the matter stands settled, and he produced Annexures-A3 affidavit of the 1st respondent, endorsing the factum of settlement, and stating that, she has no intention to

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Crl.M.C.No.5175/2023 3

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continue with the prosecution. She has no objection in quashing the proceedings in C.C.No.104 of 2020 pending against the petitioner before Judicial First Class Magistrate Court-III, North Paravur.

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Learned Public Prosecutor on instructions

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submitted that the matter has been settled, and he produced the signed statement of the 1st respondent, stating that the matter is settled and she has no objection in quashing the proceedings in C.C.No.104 of 2020.

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Since the matter stands settled, no purpose would

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be served by continuing the prosecution against the petitioner.

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In the light of the principles laid down by the Apex

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Court in Gian Singh v. State of Punjab and Another; [(2012) 10 SCC 303)] , and State of Madhya Pradesh v.

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Laxmi Narayan and Others; [(2019) 5 SCC 688], this Court is of the view that the proceedings against the petitioner can be quashed on the basis of settlement.

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Crl.M.C.No.5175/2023 4

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In the result, this Crl.M.C. is allowed and Annexure-A2

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charge-sheet in C.C.No.104 of 2020 on the file of Judicial First Class Magistrate Court-III, North Paravur, stands quashed.

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Sd/-

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SOPHY THOMAS JUDGE

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DSV/-

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Crl.M.C.No.5175/2023 5

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APPENDIX OF CRL.MC 5175/2023

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PETITIONER’S ANNEXURES:

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`Annexure A1`	`A CERTIFIED COPY` `OF VADAKKEKARA POL`	`OF THE FIR IN CRIME NO 331/` `ICE STATION, ERNAKULAM.`	`2019`
`Annexure A2`	`A CERTIFIED COPY` `104/2020 (OLD C` `331/2019 OF VADAKK` `FILED BEFORE THE` `COURT III, NORTH P`	`OF THE CHARGE SHEET IN CC` `C NO. 641/2019) IN CRIME` `EKARA POLICE STATION, ERNAKU` `JUDICIAL FIRST CLASS MAGIST` `ARAVUR.`	`NO.` `NO` `LAM,` `RATE`
`Annexure A3`	`AFFIDAVIT DATED` `RESPONDENT/DEFACTO`	`08/04/2023 SWORN BY THE` `COMPLAINANT.`	`1ST`

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RESPONDENTS’ ANNEXURES : NIL

Isahaq v. Raseena

Case brief

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Isahaq v. Raseena

Case brief

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