Kerala High Court
Badar Saman vs State Of Kerala on 24 March, 2017
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 24TH DAY OF MARCH 2017/3RD CHAITHRA, 1939
Crl.MC.No. 7475 of 2016 ()
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CC. NO.715/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT- II,
MAVELIKKARA.
CRIME NO. 1007/2014 OF NOORANADU POLICE STATION, ALAPPUZHA DISTRICT.
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PETITIONER/ACCUSED:
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BADAR SAMAN,
AGED 53 YEARS, S/O. IBRAHIM RAWTHER,
MURIYIL CHERUVELIL VADAKKATHIL VEEDU,
ATHIKKATTUKULANGARA P.O., PALAMEL VILLAGE,
NOORANADU, ALAPPUZHA.
BY ADVS.SRI.P.A.MOHAMMED SHAH,
SRI.SOORAJ T.ELENJICKAL,
SMT.MARY RESHMA GEORGE,
SMT.V.A.HARITHA,
SMT.SANDHYA R.NAIR,
SMT.P.M.MAZNA MANSOOR.
RESPONDENTS/COMPLAINANT & CHARGE WITNESS NO.2:
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1. STATE OF KERALA,
THROUGH THE SUB INSPECTOR OF POLICE,
NOORANADU POLICE STATION, ALAPPUZHA DISTRICT,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. BADARUDEEN, AGED 48 YEARS,
S/O. PODIYAPPA RAWTHER, MANICKATHARAYIL HOUSE,
ATHIKKATTUKULANGARA P.O., MURIYIL,
PALAMEL VILLAGE, NOORANADU,
ALAPPUZHA- 690 504.
R1 BY PUBLIC PROSECUTOR SRI.RAMESH CHAND.
R2 BY ADV. SRI.K.ARJUN VENUGOPAL.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD
ON 24-03-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
rs.
Crl.MC.No. 7475 of 2016
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE 1 CERTIFIED COPY OF THE FINAL REPORT SUBMITTED BY
THE POLICE IN CRIME NO.1007/2014 OF NOORANAD
POLICE STATION.
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.S.TO JUDGE
rs.
SUNIL THOMAS, J.
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Crl. M. C. No. 7475 of 2016
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Dated this the 24th day of March, 2017
O R D E R
The petitioner is the sole accused in C.C. No.715/2014 of the Judicial First Class Magistrate Court II, Mavelikkara, arising from Crime No.1007/2014 of the Nooranadu Police Station for offences punishable under Sections 420, 508 of IPC and Section 118(e) of the Kerala Police Act. It was alleged by the prosecution that, the accused made the defacto complainant believe that, he can exercise his divine skill to consummate the matrimonial relationship, received a sum of 2,000/- and thereby committed cheating. Complaint was laid and crime was registered. After investigation, final report was filed.
2. The petitioner has now approached this Court stating that the dispute has now been resolved between the parties. Both parties have filed a compromise petition as Cr.M.A. No.11570/2016 settling the disputes. It was also stated that they have no objection in quashing the proceedings.
3. The learned Public Prosecutor on instructions submitted that the petitioner is not involved in any other crime Crl. M. C. No. 7475 of 2016 2 and that the matter has been settled between the parties. The settlement was reiterated by both the counsel.
4. Having considered the above facts, I am inclined to hold that the dispute is essentially of a private nature and no larger question of public importance arises. Hence, I am inclined to invoke the jurisdiction under Section 482 Cr.P.C. to quash the proceedings.
In the result, Crl.M.C. is allowed. All further proceedings in C.C. No.715/2014 of the Judicial First Class Magistrate Court II, Mavelikkara stand quashed.
Sd/-
SUNIL THOMAS, JUDGE.
Pn