Jamsheer vs State of Kerala

Type Court Judgment Court Kerala Decided Dec 22, 2023

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Citation: sooperkanoon.com/1405586
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Dec 22, 2023
Case Number: Crl.MC/9672/2023

Parties & Advocates

Appellant / Petitioner

Jamsheer

Respondent

State of Kerala

Excerpt

.....come up for admission on 22.12.2023, the court on the same day passed the following: crl.m.c. no.9672 of 2023 2orderpetitioner is the accused in crime no.469/2013 of meppadi police station, wayanad district, alleging commission of offences under sections 451, 341, 354(a)(2) & 354(b) of the indian penal code. the matter is now pending as c.c.no.400/2019 on the file of the judicial first class magistrate court, kalpetta.2. learned counsel appearing for the petitioner wouldsubmit that the entire issues between the petitioner and the 2nd respondent have been settled. learned counsel appearing for the petitioner also refers to annexure-2 affidavit executed by the 2nd respondent to establish that the entire issues between the petitioner and the 2 nd respondent have been settled and the 2 nd respondent does not intend to continue with the proceedings against the petitioner.3. the learned senior public prosecutor and thelearned counsel appearing for the 2nd respondent would confirm that the entire issues between the petitioner and the 2nd respondent have been settled and the 2nd crl.m.c. no.9672 of 2023 3 respondent does not wish to continue with the prosecution in any manner.4. having heard the learned counsel for thepetitioner, the learned senior public prosecutor and the learned counsel for the 2nd respondent, i am of the view that the proceedings against the petitioner can be terminated in exercise of the jurisdiction vested in this court under section 482 of cr.p.c. no public interest will be served by continuing with the proceedings against the petitioner. the nature of the offences does not compel me to hold that the proceedings cannot be quashed on the ground of settlement. having regard to the principles laid down by the supreme 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, i am of the view that considering thenature of the offences alleged against the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 22ND DAY OF DECEMBER 2023 / 1ST POUSHA, 1945 CRL.MC NO. 9672 OF 2023 CRIME NO.469/2013 OF MEPPADI POLICE STATION, WAYANAD CC 400/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, KALPETTA PETITIONER/ACCUSED: JAMSHEER AGED 39 YEARS, S/O. SAYYID, SHAJI MANZIL, PUTHURVAYAL, WAYANAD DISTRICT, PIN - 673 577. BY ADVS. M.B.SHYNI RAMEES P.K. V.R.ANILKUMAR SARAFUDHEEN T. RESPONDENTS/STATE/DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT, ERNAKULAM, PIN - 682 031. 2 NASEEMA AGED 36 YEARS, W/O. SHAFEEQUE, PALLIITHODI HOUSE, AMBAKKADAN QUARTERS MEPPADI P.O., VYTHIRI TALUK, WAYANADU DISTRICT, PIN - 673 577. BY ADVS. SRI. VIPIN NARAYAN (SR PP) SRI. RAJESHKUMAR R (FOR R2) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C. NO.9672 OF 2023 2

ORDER

Petitioner is the accused in Crime No.469/2013 of Meppadi Police Station, Wayanad District, alleging commission of offences under Sections 451, 341, 354(A)(2) & 354(B) of the Indian Penal Code. The matter is now pending as C.C.No.400/2019 on the file of the Judicial First Class Magistrate Court, Kalpetta.

2. Learned counsel appearing for the petitioner would

submit that the entire issues between the petitioner and the 2nd respondent have been settled. Learned counsel appearing for the petitioner also refers to Annexure-2 affidavit executed by the 2nd respondent to establish that the entire issues between the petitioner and the 2 nd respondent have been settled and the 2 nd respondent does not intend to continue with the proceedings against the petitioner.

3. The learned Senior Public Prosecutor and the

learned counsel appearing for the 2nd respondent would confirm that the entire issues between the petitioner and the 2nd respondent have been settled and the 2nd Crl.M.C. NO.9672 OF 2023 3 respondent does not wish to continue with the prosecution in any manner.

4. Having heard the learned counsel for the

petitioner, the learned Senior Public Prosecutor and the learned counsel for the 2nd respondent, I am of the view that the proceedings against the petitioner can be terminated in exercise of the jurisdiction vested in this Court under Section 482 of Cr.P.C. No public interest will be served by continuing with the proceedings against the petitioner. The nature of the offences does not compel me to hold that the proceedings cannot be quashed on the ground of settlement. Having regard to the principles laid down by the Supreme 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, I am of the view that considering the

nature of the offences alleged against the petitioner the proceedings can be quashed on the basis of settlement. Accordingly, this Crl.M.C. is allowed and all further proceedings in C.C.No.400/2019 on the file of the Judicial First Class Magistrate Court, Kalpetta (arising out of Crl.M.C. NO.9672 OF 2023 4 Crime No.469/2013 of Meppadi Police Station, Wayanad District), will stand quashed as against the petitioner. Sd/- GOPINATH P. JUDGE ats Crl.M.C. NO.9672 OF 2023 5 APPENDIX OF CRL.MC 9672/2023 PETITIONER’S ANNEXURES Annexure 1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. Annexure 2 A TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 15/06/2023

Same Court & Year Kerala · 2023 Same Parties Jamsheer vs State of Kerala Same Judge Honourable Mr. Justice Gopinath P.