Kerala High Court
Usman vs State Of Kerala on 8 May, 2012
Author: Thomas.P.Joseph
Bench: A.M.Shaffique, Thomas.P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 8TH DAY OF MAY 2012/18TH VAISAKHA 1934
Crl.MC.No. 1590 of 2012 ()
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CC.NO.1439/2007 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,CHAVAKKAD
CRIME NO.253/2007 OF PAVARATTY POLICE STATION
PETITIONER(S)/ACCUSED:
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1. USMAN
AGED 55 YEARS, S/O. HYDROSE KUTTY,
PULIPARAMVEETIL, NANATH, PAVARATTY DESOM,
PAVARATTY VILLAGE, CHAVAKKAD TALUK,
THRISSUR DISTRICT.
2. RAHMATH,
W/O. USMAN, PULIPARAMVEETIL, NANATH, PAVARATTY DESOM,
PAVARATTY VILLAGE, CHAVAKKAD TALUK,
THRISSUR DISTRICT.
3. AYISHA
D/O. HYDROSE KUTTY, PULIPARAMVEETIL, NANATH,
PAVARATTY DESOM, PAVARATTY VILLAGE, CHAVAKKAD TALUK,
THRISSUR DISTRICT.
BY ADV. SRI.RAJIT
RESPONDENT/STATE AND DE FACTO COMPLAINANT:
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1. STATE OF KERALA
REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA
ERNAKULAM.
2. ABU
AGED 56 YEARS, S/O. HYDROSE KUTTY,
PULIPARAMVEETIL, NANATH, PAVARATTY DESOM,
PAVARATTY VILLAGE, CHAVAKKAD TALUK,
THRISSUR DISTRICT 680506
R1 BY PUBLIC PROSECUTOR SRI.M.A. ABDUL SHUKOOR
R2 BY ADV. SRI.V.V.JOY
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08-05-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
MJL
CRMC.NO.1590/2012
APPENDIX
PETITIONERS ANNEXURES:
ANNEXURE A : TRUE COPY OF THE FIRST INFORMATION REPORT IN
CRIME NO.253/2007 OF PAVARATTY POLICE STATION.
ANNEXURE B : TRUE COPY OF THE FINAL REPORT FILED BY THE
PAVARATTY POLICE.
ANNEXURE C : TRUE COPY OF THE AFFIDAVIT EVIDENCING THE FACT
SWORN TO BY THE 2ND RESPONDENT.
RESPONDNETS ANNEXURES: NIL
/TRUE COPY/
P A TO JUDGE
MJL
A.M.SHAFFIQUE, J
* * * * * * * * * * * * *
W.P.C.No.1590 of 2012
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Dated this the 8th day of May 2012
J U D G M E N T
This petition is filed by the Accused 1 to 3 under Section 482 of the Code of Criminal Procedure for quashing all proceedings against the petitioners in C.C.No.1439 of 2007 pending before the JFCM Court- Chavakkad arising from Crime No.253 of 2007 of Pavaratty Police Station. It is alleged that the petitioners were involved in commission of offences punishable under Sections 416, 424, 465, 468, and 474 of I.P.C. Annexure B is the Final Report. The case relates to preparation of a forged instrument in respect of property belonging to the defacto complainant.
2. The de-facto complainant/2nd respondent has filed an affidavit as Annexure C stating that the matter has been settled between the parties and he does not intend to prosecute the case against the petitioners.
3. Though certain offences are not compoundable, in view of the judgments of the Supreme Court in Joshi v. State of Haryana [2003(2)KLT 1062(SC)]Madan Mohan Abbot v. Crl.M.C..No.1590/2012 2 State of Punjab [AIR 2008 (S.C.) 1969], Nikhil Merchant v. C.B.I [2008(3) KLT 769] and Manoj Sharma v. State [2008 (4) KLT 417], the prosecution against the Petitioners can be quashed under certain circumstances.
4. As matters stand settled as is evident from the affidavit and especially in view of the fact that the de facto complainant does not intend to proceed with the case, there is no point in prosecuting the case any further and it will lead to unnecessary hardship to the de facto complainant. Hence the principles adopted in the above judgments can be applied to the facts of this case also.
5. In the above circumstances, all proceedings against the petitioners/accused in C.C.No.1439 of 2007 pending before the JFCM Court- Chavakkad arising from Crime No.253 of 2007 of Pavaratty Police Station are quashed.
Crl.M.C is disposed of as above.
(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr Crl.M.C..No.1590/2012 3 Crl.M.C..No.1590/2012 4 Crl.M.C..No.1590/2012 5 THOMAS.P.JOSEPH,J.
Crl.M.C.No. of 200
ORDER 19/01/2011