Allowed

Abdul Kareem v. State of Kerala

Kerala HC23 Feb 2024Crl.MC/545/2024

Case brief

AI extract

What is this about?

Sole accused sought quashing of a final report for trespass and outraging modesty after settling with the defacto complainant. The complainant affirmed the settlement by affidavit and statement; following Supreme Court principles on quashing based on settlement, the final report and proceedings were quashed.

What did the court decide?

Annexure A1 final report and all further proceedings in LPC No.134 of 2017 quashed.

Abdul Kareem Vs State of Kerala — Quashing and FIR | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

¶4

FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945

¶5

CRL.MC NO. 545 OF 2024

¶6

CRIME NO.90/2017 OF Hosdurg Police Station, Kasargod

¶7

AGAINST THE ORDER/JUDGMENT LPC 134/2017 OF JUDICIAL MAGISTRATE

¶8

OF FIRST CLASS -I,HOSDRUG

¶9

PETITIONER

¶10

ABDUL KAREEM

¶11

AGED 39 YEARS
S/O MUKKOOD MUHAMMED ,MUKKOOD HOUSE, KEEKAN P.O,
PALLIKKARA VILLAGE, HOSDURG TALUK,

¶12

 KASARAGOD., PIN - 671316

¶13

BY ADVS.
RAHUL SASI
NEETHU PREM
P.ARDRA MENON
ALFIN NADARSHAW

¶14

RESPONDENTS

¶15

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

¶16

2AYISHABI.M
AGED 58 YEARS
W/O ISMAIL, MEEYANATH HOUSE, NEAR NITYANANDA CLUB,
KUSHAL NAGAR, HOSDURG VILLAGE, HOSDURG TALUK, PIN -
671315

¶17

SR.PP-SRI.VIPIN NARAYANAN

¶18

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶19

Crl.M.C. No.545 of 2024

¶20

¶21

O R D E R

¶22

This Crl.M.C., under Section 482 of Cr.P.C., is filed

¶23

by the sole accused in Crime No.90 of 2017 of Hosdurg police station, Kasaragod, registered under Sections 448, 294 (b), 506(ii) and 354 of IPC, for quashing Annexure A1 final report and all further proceedings in LPC.No.134 of 2017 on the file of Judicial First Class Magistrate Court-1, Hosdurg .

¶24

The prosecution allegation is that on 24.01.2017, the petitioner due to his previous enmity towards the defacto complainant, wrongfully trespassed into her house and used criminal force to outrage her modesty. Further he criminally intimidated her with death, showing a deadly weapon.

¶25

When the matter is taken up for consideration, learned counsel for the petitioner submitted that the matter stands settled between himself and respondent No.2. Respondent No.2 entered appearance through counsel, and submitted that the matter stands settled. Annexure A2 is the affidavit filed by her, endorsing the settlement. Neither she has any intention to proceed with the prosecution nor any objection in quashing Annexure A1 final report in LPC.No.134 of 2017

¶26

¶27

Crl.M.C. No.545 of 2024

¶28

On instructions, learned Public Prosecutor submitted

¶29

that the matter is settled and he produced signed statement of respondent No.2. In the statement also, she has stated that she is not intending to proceed with the prosecution, and she has no objection in quashing Annexure A1 final report and the proceedings in LPC.No.134 of 2017

¶30

Since the matter stands settled, no purpose would be served by continuing the prosecution against the petitioner.

¶31

In the light of the principles laid down by the Apex Court in Gian Singh v. State of Punjab and Another; [(2012) 10 SCC 303)] , and State of Madhya Pradesh v. 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.

¶32

In the result, this Crl.MC is allowed, and Annexure A1 final report and the proceedings in LPC.No.134 of 2017 on the file of Judicial First Class Magistrate Court-i, Hosdurg, stand quashed.

¶33

Sd/-

¶34

SOPHY THOMAS JUDGE

¶35

SSK/23/02

¶36

Crl.M.C. No.545 of 2024

¶37

¶38

APPENDIX OF CRL.MC 545/2024

¶39

`PETITIONER ANN`	`EXURES`
`Annexure 1`	`THE CERTIFIED CO`	`PY OF THE FINAL REPORT`
	`ALONG WITH MEMO` `NO.90 OF 2017 OF`	`OF EVIDENCE IN CRIME` `HOSDURG POLICE`
	`STATION`
`Annexure A2`	`THE ORIGINAL OF`	`THE AFFIDAVIT`
	`SUBMITTED BY THE`	`2ND RESPONDENT DATED`
	`18.12.2023 BY HE`	`RSELF`

Abdul Kareem v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abdul Kareem v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shihab v.a., Vs State of Kerala

Ananthan Vs State of Kerala

Vibin Wilson Vs State of Kerala

Pradeep Kumar K.v., Vs State of Kerala

Pradeepkumar K.v., Vs State of Kerala

Pradeepkumar K.v., Vs State of Kerala