Kerala High Court
Ali Akbar vs State Of Kerala on 19 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 19TH DAY OF APRIL 2022 / 29TH CHAITHRA, 1944
CRL.MC NO. 2350 OF 2022
AGAINST THE ORDER/JUDGMENT IN LP 115/2018 IN CC.NO.1100/2011 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT, MALAPPURAM IN CRIME
NO.91/2011 OF VENGARA POLICE STATION, MALAPPURAM DISTRICT
PETITIONER/1ST ACCUSED:
ALI AKBAR
AGED 48 YEARS
S/O MUHAMMED,
PATTASHERRY(H), THRIKKULAM AMASOM,
PALATHINGAL, PALLIPADI, TIRURANGADI,
MALAPPURAM DISTRICT., PIN - 676306
BY ADV P.SAMSUDIN
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA
1. STATE OF KERALA REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM - 682 031.
(CRIME NO. 91/2011 OF POTHUKAL POLICE STATION IN
MALAPPURAM DISTRICT)., PIN - 682031
2 RASHEEDA
AGED 38 YEARS
2. D/O MOIDEEN,
VETTUTHOTTUNGL HOUSE, CHEROOR P.O.,
VENGARA, MALAPPURAM DISTRICT ., PIN - 676304
BY ADVS.
SMT. M. K .PUSHPALATHA SR,P.P
M.ANUROOP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 2350 OF 2022
2
ORDER
The petitioner is the 1st accused in
L.P.No.115/2018 in C.C.No.1100/20211 of Judicial
First Class Magistrate, Malappuram and the accused
No.1 in Crime No.91/2011 of Vengara Police Station
and the offences alleged against the petitioner are
under Sections 406,420,498A r/w 34 of the Indian
Penal Code. The petitioner moved this Court seeking
to quash all further proceedings in Crime No.91 of
2011 of Vengara Police Station in L.P.No.115/2018 in
C.C.No.1100/2011 of the Judicial First Class
Magistrate, Malappuram.
2. The allegation is that the accused persons
harassed the de-facto complainant, misappropriated 17
sovereigns of gold ornaments and demanded further
money from the dafacto complainant and thereby
committed the aforesaid offences .
3. Heard the learned counsel for the petitioner,
the learned Public Prosecutor as well as the learned
counsel for 2nd respondent.
CRL.MC NO. 2350 OF 2022
4. It is submitted by respective counsel that the
petitioner and the respondent No.2 have arrived at an
amicable settlement and Annexure A4 is the affidavit
filed. The affidavit, inter alia, state that all the
disputes are settled and that the pendency of
criminal proceeding would cause hardship to all the
parties.
5. From the submission across the Bar and
perusing the criminal M.C. and the affidavit referred
above, I am satisfied that there has been an amicable
settlement and that there is no vitiating
circumstances in the respondent filing the affidavit.
No purpose will be served by continuing the
proceedings in the above circumstances. It is
submitted by the learned Public Prosecutor that the
statement of the de facto complainant has also been
taken to verify the genuineness of the settlement.
6. In view of the judgment of the Hon'ble Supreme
Court in Gian Singh v. State of Punjab and another
[2012 (10) SCC 303] and considering the facts and
circumstances of the case and in exercise of power of
CRL.MC NO. 2350 OF 2022
this Court under Section 482 of the Code of Criminal
Procedure, I hereby quash Annexure A1 FIR and
Annexure-A2 Final Report in Crime No.91 of 2011 of
Vengara Police Station in L.P.No.115/2018 in
C.C.No.1100/2011 of the Judicial First Class
Magistrate, Malappuram, against the petitioner.
The Crl.MC is allowed as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
MSP
CRL.MC NO. 2350 OF 2022
APPENDIX OF CRL.MC 2350/2022
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF FIR IN CR. NO. 91/2011 OF
VENGARA POLICE STATION
Annexure A2 TRUE COPY OF FINAL REPORT IN CR. NO. 91/2011
OF VENGARA POLICE STATION
Annexure A3 TRUE COPY OF ORDER DT. 31-08-2017 IN CC NO.
1100/2011 OF THE FILES OF JFCM COURT
MALAPPURAM
Annexure A4 COPY OF AFFIDAVIT DT. 09-03-2022 SWORN IN Y
THE 2ND RESPONDENT.
