KABEER v. STATE OF KERALA
Court: High Court of Kerala
Bench: HONOURABLE MR.JUSTICE V.G.ARUN
Judgment date:
Case summary
High Court of Kerala judgment dated 2020-12-03. KABEER v. STATE OF KERALA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE V. G. ARUN THURSDAY, THE 03RD DAY OF DECEMBER 2020 / 12TH AGRAHAYANA, 1942 Crl. MC. No. 7474 OF 2019(D) AGAINST THE JUDGMENT IN LP 54/2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,CHAVAKKAD CRIME NO. 293/2006 OF Vadanappally Police Station , Thrissur PETITIONERS: 1 KABEER AGED 59 YEARS S/O. AHAMMED,KARIPPAMKULAM HOUSE, P. O. TALIKULAM,680569,THRISSUR DISTRICT. 2 MINERVA, AGED 52 YEARS D/O. KUNJI MOIDU,VALIYAKATH HOUSE, EDASSERY DESOM,THALIKULAM VILLAGE, THRISSUR DT. BY ADV. SRI. A. HAROON RASHEED RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2 P. K. MUSTAFFA S/O. KUNJIBAVU,POKKAKKILLATHU HOUSE, IRIMBRANELLUR DESOM,CHAVAKKAD TALUK, THRISSUR DISTRICT,MANAGING PARTNER, CHARUTHA JEWELLERS,VATANAPPALLY, THRISSUR DISTRICT. R2 BY ADV. C. R. REKHESH SHARMA SR. PP. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03. 12.
2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crmc 7474/2019 2 V. G. ARUN, J. =========================== Crl. M. C. No. 7474 of 2019 =========================== rd Dated this the 3 day of December, 2020 ORDER Petitioners are the accused 2 and 3 in Crime No. 293 of 2006 registered at the Vatanappally Police Station for the offence punishable under Section 420 of IPC, now pending as L. P. No. 54 of 2010 of JFCM Court, Chavakkad. The de facto complainant, at nd whose instance the crime was registered is the 2 respondent. nd Annexure E affidavit has been filed by the 2 respondent stating that the dispute has been settled and that he has no subsisting grievance against the petitioners. As per Annexure F order dated 16. 11. 2011, further proceedings against accused 1 and 4 was quashed by this court. 2. Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioners have no criminal antecedents. 3.
Having considered the gravity of the offence alleged, nature of the injury caused and having perused the affidavit filed nd by 2 respondent, the contents of which are submitted to be true and voluntary, and especially taking into consideration that Crmc 7474/2019 3 the case against the other accused has been quashed as per Annexure F order of this court, I am satisfied that the dispute is settled and that no public interest is involved in this matter. Moreover, in view of the settlement, possibility of the criminal proceedings ending in conviction is remote. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] and Gian Singh v. State of Punjab and another [(2012) 10 SCC 303], there is no impediment in granting the relief sought. 4. In the result, this Crl. M. C is allowed. The proceedings in Crime No.
293 of 2006 of Vatanappally Police Station now pending as L. P. No. 54 of 2010 JFCM Court, Chavakkad is quashed. Sd/- V. G. ARUN JUDGE lgk Crmc 7474/2019 4 APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A TRUE COPY OF THE COMPLAINT ANNEXURE B TRUE COPY OF THE F. I. R. ANNEXURE C TRUE COPY OF THE CHARGE ANNEXURE D TRUE COPY OF THE AGREEMENT ANNEXURE E TRUE COPY OF THE AFFIDAVIT. ANNEXURE F TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN CRL. M. C. NO. 3722 OF 2011,DATED 16. 11. 2011.
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.