Basheer vs State of Kerala

Type Court Judgment Court Kerala Decided Oct 01, 2021

~4 min read

https://sooperkanoon.com/case/1649580

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1649580
Court: Kerala High Court
Judge: Honourable Mrs. Justice M.R.Anitha
Decided On: Oct 01, 2021
Case Number: Crl.MC/2890/2021

Parties & Advocates

Appellant / Petitioner

Basheer

Respondent

State of Kerala

Excerpt

.....it is alleged that in connection with a dispute regarding a pathway, accused persons trespassed into the property of the 2nd respondent in furtherance of their common intention to cause mischief and cause grievous hurt and assaulted the defacto complainant and thereby caused fracture to his finger bone and also kicked the 3rd respondent and thereby accused persons committed the offences aforementioned. true copy of the fir along with fis has been produced as annexure-ai.3. it is submitted by the learned counsel for thepetitioners that, now the parties have settled the entire issuesout of court. annexure-a2 is the affidavit sworn in by the 2nd respondent - defacto complainant and annexure a3 is the affidavit sworn in by the 3rd respondent/other injured.4. sri.ajoy venu, learned counsel appearing for respondent nos.2 and 3 submitted that the parties have settled the matter out of court.5. learned public prosecutor submitted that thestatement of the defacto complainant and also the injured witness has been taken through telephone and they agreed with the averments in the annexures a2 and a3 affidavits.6. in gian singh v. state of punjab and another(2012 (10) scc 303 : 2012 khc 4530) a three judge bench of the hon'ble supreme court while dealing with section 482 of the code of criminal procedure, 1973 has held that criminal cases having civil flavour and arising from criminal financial merchantile, civil, partnership, matrimony relating to dowry or family disputes where wrong is private or personal in nature can be quashed in view of the settlement between the parties.7. annexures a2 and a3 affidavits would specifically statethat they have decided to settle all the disputes with the petitioners/accused. it is also stated that the complaint happened to be filed out of some misunderstanding and they have no intention to prosecute the matter further. since the parties have settled the matter, there is no impediment in quashing the proceedings against the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MRS. JUSTICE M.R.ANITHA FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943 CRL.MC NO. 2890 OF 2021 CRIME NO.153/2021 OF KALPAKANCHERY POLICE STATION PETITIONERS/ACCUSED:

1 BASHEER AGED 48 YEARS PARAMBAT HOUSE, PARAVANOOR, KALPAKANCHERY, MALAPPURAM DISTRICT. 2 ASLAM AGED 19 YEARS S/O. BASHEER, PARAMBAT HOUSE, PARAVANOOR, KALPAKANCHERY, MALAPPURAM DISTRICT. BY ADVS. P.T.SHEEJISH P.K.PURUSH HARIKIRAN JASHITHA VIJAYAN STEPHY GRACE RAJ A.ABDUL RAHMAN (A-1917) AKHILA SRIDHARAN ASWATHY JINADEVAN

RESPONDENTS/STATE & DEFACTO COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. 2 SAIDALAVI M. K. AGED 40 YEARS S/O. MUHAMMAD, MANGATTUKUNATH, PUNNATHALA, KURUMBATHUR, MALAPPURM DISTRICT, PIN - 676301. 3 SUHARA @ FATHIMATH SUHARA AGED 45 YEARS D/O. MOIDEEN, VAZHAM THODI HOUSE, KALPAKANCHERY POST, MALAPPURAM DISTRICT, PIN - 676551. R2 & R3 BY ADV AJOY VENU

OTHER PRESENT: PP C.SEENA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.10.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

This Crl.M.C. has been filed seeking to quash the entire proceedings pursuant to Annexure A1 - FIR in crime No.153/2021 of Kalpakanchery Police Station, which is registered for the offences u/s.447, 341, 323, 324, 326, 506 and 427 r/w. 34 IPC.

2. The petitioners are the accused persons in the above

crime. It is alleged that in connection with a dispute regarding a pathway, accused persons trespassed into the property of the 2nd respondent in furtherance of their common intention to cause mischief and cause grievous hurt and assaulted the defacto complainant and thereby caused fracture to his finger bone and also kicked the 3rd respondent and thereby accused persons committed the offences aforementioned. True copy of the FIR along with FIS has been produced as Annexure-AI.

3. It is submitted by the learned counsel for the

petitioners that, now the parties have settled the entire issues

out of court. Annexure-A2 is the affidavit sworn in by the 2nd respondent - defacto complainant and Annexure A3 is the affidavit sworn in by the 3rd respondent/other injured.

4. Sri.Ajoy Venu, learned counsel appearing for respondent Nos.2 and 3 submitted that the parties have settled the matter out of court.

5. Learned Public Prosecutor submitted that the

statement of the defacto complainant and also the injured witness has been taken through telephone and they agreed with the averments in the Annexures A2 and A3 affidavits.

6. In Gian Singh v. State of Punjab and Another

(2012 (10) SCC 303 : 2012 KHC 4530) a three Judge Bench of the Hon'ble Supreme Court while dealing with Section 482 of the Code of Criminal Procedure, 1973 has held that criminal cases having civil flavour and arising from criminal financial merchantile, civil, partnership, matrimony relating to dowry or family disputes where wrong is private or personal in nature can be quashed in view of the settlement between the parties.

7. Annexures A2 and A3 affidavits would specifically state

that they have decided to settle all the disputes with the petitioners/accused. It is also stated that the complaint happened to be filed out of some misunderstanding and they have no intention to prosecute the matter further. Since the parties have settled the matter, there is no impediment in quashing the proceedings against the petitioners and further continuance of the proceedings against the petitioners also will be an abuse of process of law. No public interest is involved and the issue is purely private in nature. Therefore, I am of the view that it is

only just and proper to quash the entire proceedings in Annexure A1 - FIR in crime No.153/2021 of Kalpakanchery Police Station. It is ordered accordingly.

Crl.M.C. stands allowed. Sd/- M.R.ANITHA shg JUDGE APPENDIX OF CRL.MC 2890/2021 PETITIONER ANNEXURE Annexure A1 THE TRUE COPY OF THE FIR AND FIS IN CRIME NO.153/2021 OF KALPAKANCHERY POLICE STATION, MALAPPURAM DISTRICT. Annexure A2 ORIGINAL AFFIDAVIT SOLEMNLY AFFIRMED BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT DATED 17.06.2021. Annexure A3 ORIGINAL AFFIDAVIT SOLEMNLY AFFIRMED BY THE 3RD RESPONDENT/VICTIM DATED 17.06.2021.

Same Court & Year Kerala · 2021 Same Parties Basheer vs State of Kerala Same Judge Honourable Mrs. Justice M.R.Anitha