P.V.iqbal Vs. M.M.Hamza - Court Judgment

SooperKanoon Citationsooperkanoon.com/1164640
CourtKerala High Court
Decided OnSep-17-2014
JudgeHONOURABLE MR. JUSTICE P.UBAID
AppellantP.V.iqbal
RespondentM.M.Hamza
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr. justice p.ubaid wednesday, the17h day of september201426th bhadra, 1936 crl.mc.no. 3502 of 2014 ------------------------ against the proceedings in cc1242013 of the chief judicial magistrate court, kasaragod crime no. 341/2006 of kasaragod police station , kasargod petitioner/accused: ------------------- p.v.iqbal, s/o.hamza, managing director, har cars, har auto (p)ltd, har avenue, kannothumchal, p.o chovva, kannur-670006. by advs.sri.k.r.avinash (kunnath) sri.abdul raoof pallipath respondents/defacto complainant & state: ---------------------------------------- 1. m.m.hamza, mm house, melparamba, kalanad, kasaragod-671317.2. the state of kerala, represented by public prosecutor, high court of kerala, ernakulam-682031. r1 by adv. sri.shaijan c.george r2 by public prosecutor smt.s.hyma this criminal misc. case having come up for admission on1709-2014, the court on the same day passed the following: crl.mc.no. 3502 of 2014 ----------------------- appendix petitioner's annexures: ----------------------- annexure-1 copy of the fir and final report in crime no.341/06 annexure-2 copy of the affidavit sworn in the ist respondent. respondents' annexures: nil ---------------------- //true copy// p.a to judge ab p.ubaid, j.--------------------------------------- crl.m.c no.3502 of 2014 --------------------------------------- dated this the 17th day of september, 2014 order the petitioner herein is the sole accused in c.c.no.124/2013 of the chief judicial magistrate court, kasargod. crime in the said case was registered on the complaint of the first respondent herein, alleging forgery of documents relating to a vehicle. the petitioner has brought this petition under section 482 of the code of criminal procedure to quash the whole prosecution as against him on the ground that complaint happened to be filed by the first respondent on some misapprehension, and that the parties have amicably settled the whole dispute out of court.2. the first respondent has filed affidavit to the effect that he has settled the dispute with the petitioner, and that he has no grievance or complaint. i find that the real dispute in this case between the petitioner and the first respondent, is of civil nature concerning the right or ownership over a vehicle, and a complaint alleging forgery happened to be filed on some misapprehension. anyway, the parties have come to terms and crl.m.c no.3502 of 2014 2 they have resolved the dispute forever amicably.3. in narinder singh & ors. v. state of punjab and another (2014(2) klj252 the hon'ble supreme court has made some guidelines for exercise of powers under section 482 of the code of criminal procedure in cases involving non- compoundable offences. the hon'ble supreme court has held that even in cases involving non-compoundable offences, the court can exercise powers under section 482 of the code of criminal procedure, if the dispute is purely of personal nature or civil nature, and the parties have come to terms amicably. if the court is satisfied that continuance of such prosecution will do harm or hardship to the parties and will cause sheer waste of time, such a prosecution can well be quashed under section 482 of the code of criminal procedure. in this case, i find that the parties have come to terms amicably, and that the real dispute is one of civil nature. no doubt, continuance of the present prosecution will be a sheer waste of time, and it will do harm and hardship to the parties. i am inclined to follow the decision of the hon'ble supreme court in narinder singh's case and quash the criminal prosecution in this case. crl.m.c no.3502 of 2014 3 in the result, this criminal miscellaneous case is allowed. the criminal prosecution pending against the petitioner herein in c.c no.124/2013 of the chief judicial magistrate court, kasargod will stand quashed under section 482 of the code of criminal procedure, and the petitioner will stand released from prosecution. the bail bond executed by the petitioner will stand discharged. p.ubaid judge ab
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE17H DAY OF SEPTEMBER201426TH BHADRA, 1936 Crl.MC.No. 3502 of 2014 ------------------------ AGAINST THE PROCEEDINGS IN CC1242013 OF THE CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD CRIME NO. 341/2006 OF KASARAGOD POLICE STATION , KASARGOD PETITIONER/ACCUSED: ------------------- P.V.IQBAL, S/O.HAMZA, MANAGING DIRECTOR, HAR CARS, HAR AUTO (P)LTD, HAR AVENUE, KANNOTHUMCHAL, P.O CHOVVA, KANNUR-670006. BY ADVS.SRI.K.R.AVINASH (KUNNATH) SRI.ABDUL RAOOF PALLIPATH RESPONDENTS/DEFACTO COMPLAINANT & STATE: ---------------------------------------- 1. M.M.HAMZA, MM HOUSE, MELPARAMBA, KALANAD, KASARAGOD-671317.

2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. R1 BY ADV. SRI.SHAIJAN C.GEORGE R2 BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON1709-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3502 of 2014 ----------------------- APPENDIX PETITIONER'S ANNEXURES: ----------------------- ANNEXURE-1 COPY OF THE FIR AND FINAL REPORT IN CRIME NO.341/06 ANNEXURE-2 COPY OF THE AFFIDAVIT SWORN IN THE IST RESPONDENT. RESPONDENTS' ANNEXURES: NIL ---------------------- //TRUE COPY// P.A TO JUDGE ab P.UBAID, J.

--------------------------------------- Crl.M.C No.3502 of 2014 --------------------------------------- Dated this the 17th day of September, 2014 ORDER

The petitioner herein is the sole accused in C.C.No.124/2013 of the Chief Judicial Magistrate Court, Kasargod. Crime in the said case was registered on the complaint of the first respondent herein, alleging forgery of documents relating to a vehicle. The petitioner has brought this petition under Section 482 of the Code of Criminal Procedure to quash the whole prosecution as against him on the ground that complaint happened to be filed by the first respondent on some misapprehension, and that the parties have amicably settled the whole dispute out of Court.

2. The first respondent has filed affidavit to the effect that he has settled the dispute with the petitioner, and that he has no grievance or complaint. I find that the real dispute in this case between the petitioner and the first respondent, is of civil nature concerning the right or ownership over a vehicle, and a complaint alleging forgery happened to be filed on some misapprehension. Anyway, the parties have come to terms and Crl.M.C No.3502 of 2014 2 they have resolved the dispute forever amicably.

3. In Narinder Singh & Ors. V. State of Punjab and another (2014(2) KLJ252 the Hon'ble Supreme Court has made some guidelines for exercise of powers under Section 482 of the Code of Criminal Procedure in cases involving non- compoundable offences. The Hon'ble Supreme Court has held that even in cases involving non-compoundable offences, the Court can exercise powers under Section 482 of the Code of Criminal Procedure, if the dispute is purely of personal nature or civil nature, and the parties have come to terms amicably. If the Court is satisfied that continuance of such prosecution will do harm or hardship to the parties and will cause sheer waste of time, such a prosecution can well be quashed under Section 482 of the Code of Criminal Procedure. In this case, I find that the parties have come to terms amicably, and that the real dispute is one of civil nature. No doubt, continuance of the present prosecution will be a sheer waste of time, and it will do harm and hardship to the parties. I am inclined to follow the decision of the Hon'ble Supreme Court in Narinder Singh's case and quash the criminal prosecution in this case. Crl.M.C No.3502 of 2014 3 In the result, this Criminal Miscellaneous Case is allowed. The criminal prosecution pending against the petitioner herein in C.C No.124/2013 of the Chief Judicial Magistrate Court, Kasargod will stand quashed under Section 482 of the Code of Criminal Procedure, and the petitioner will stand released from prosecution. The bail bond executed by the petitioner will stand discharged. P.UBAID JUDGE ab