MURTHAZA ALI RASHEED v. STATE OF KERALA
Case at a glance
Outcome
Allowed
In the result, the petition stands allowed
Provisions considered
Key paragraphs
- Para 77. In the result, the petition stands allowed. All proceedings initiated against the petitioner/accused pursuant to Crime No.400/2024 of Kaduthuruthi Police Station are hereby quashed. Sd/- G.GIRISH, JUDGE SSG Crl.MC.No. 3710 of 2024 4 APPENDIX OF CRL.MC 3710/2024 PETITIONER’S ANNEXURES Annexure A1 Annexure A2 Annexure…
Judgment
STATE OF KERALA AGED 48 YEARS REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682 031 SAIJU KV AGED 48 YEARS S/O VARKEY, KAZHUTHADIYIL HOUSE, MARANGOLIKARA, SANTHIPURAM BHAGAM, NJEEZHOOR VILLAGE, KOTTAYAM, PIN – 686 612 BY ADVS. JOHNY GEORGE AISWARYARAJ OTHER PRESENT: SR. PP- REKHA.S THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3710 of 2024 2 G.GIRISH, J. -------------------- Crl.MC.No. 3710 of 2024 ------------------------------------ Dated this the 10 th day of May, 2024 ------------------------------------------------------- ORDER The accused in Crime No.400/2024 of Kaduthururthi Police Station has filed this petition under Section 482 of the Code of Criminal Procedure to quash the proceedings against him in the said crime.
It is stated that the issue involved, which resulted in the registration of the crime has been amicably settled with the de facto complainant, who is the person aggrieved by the offence.
Affidavit is filed by the de facto complainant stating the settlement of the issue with the accused.
The investigating officer has also filed a report about the settlement between the parties, but opposed the prayer for quashment.
It appears from the case records and the affidavit and report referred above that there is no public interest involved in this case, and that the issue is more or less personal in nature. Crl.MC.No. 3710 of 2024 3
Going by the settled position of law laid down by the Apex Court in Gian Singh v. State of Punjab [(2012) 10 SCC 303], followed in Narinder Singh and Others v. State of Punjab and Others: [(2014) 6 SCC 466] and Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653], it appears to be expedient in the interests of justice to wind up the proceedings against the accused.
Operative part
In the result, the petition stands allowed. All proceedings initiated against the petitioner/accused pursuant to Crime No.400/2024 of Kaduthuruthi Police Station are hereby quashed. Sd/- G.GIRISH, JUDGE SSG Crl.MC.No. 3710 of 2024 4 APPENDIX OF CRL.MC 3710/2024 PETITIONER’S ANNEXURES Annexure A1 Annexure A2 Annexure A3 TRUE COPY OF THE FIRST INFORMATION REPORT DATED 01/04/2024 OF KADUTHURUTHY POLICE STATION TRUE COPY OF THE AFFIDAVIT FILED BY THE DE-FACTO COMPLAINANT DATED 14.04.2024 TRUE COPY OF THE AGREEMENT BETWEEN THE DE-FACTO COMPLAINANT'S WIFE AND THE ACCUSED DATED 30.03.2024
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In the result, the petition stands allowed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 482.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.