Allowed

Jayendran P.M. & 7 Others v. State of Kerala and 2 Others

Kerala HC18 Aug 2009Crl.MC/2489/2009

Case brief

AI extract

What is this about?

In Crl.MC.No.2489 of 2009, the Ernakulam bench of the High Court of Kerala quashed criminal proceedings filed against eight accused. The court held that since the disputes were amicably settled and injuries were minor, continuing the prosecution was not in the interest of justice, relying on Madan Mohan Abbot.

What did the court decide?

Criminal case C.C.No.705/2008 on the file of Judicial First Class Magistrate's Court, North Paravur is quashed.

Jayendran P.M. & 7 Others Vs State of Kerala and 2 Others — Quashing and FIR | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR

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TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931

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Crl.MC.No. 2489 of 2009 -------------------------------CC.705/2008 of JUDL.MAGISTRATE OF FIRST CLASS - I, N.PARAVUR ..........................................

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PETITIONER(S): ACCUSED NOS :1-8

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---------------------------------------------------

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1. JAYENDRAN.P.M., PULLARKATT VEEDU, CHERAI.P.O,ERNAKULAM DISTRICT.

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2. SUDHESH P.K., PAMPADY VEEDU,CHERAYI.PO, ERNAKULAM DISTRICT.

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3. VENU.KATHANAPARAMBUVEETTIL,THANNIPADAM, PARAVOOR,ERNAKULAM DISTRICT.

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4. SREEMON.P.G,VALIYAKULAM VEEDU,PALLIPURAM .P.O,ERNAKULAM DISTRICT.

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5. ROSHIN.V.M.VALIYAKULAM VEEDU, PALLIPURAM.PO,ERNAKULAM DISTRICT.

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6. MAHESH.P.S,PONAMMAMCHERRY VEEDU, PALLIPURAM.P.O,ERNAKULAM DISTRICT.

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7. AJIN P.A., PERUMANA VEEDU,CHERAYI.P.O, ERNAKULAM DISTRICT.

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8. SUDHEESH A.N., ALINGAL VEEDU,PALLIPURAM.PO ERNAKULAM DISTRICT.

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BY ADV. SRI.MANSOOR.B.H.

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RESPONDENT(S): STATE & DEFACTO COMPLAINANT

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-----------------------------------------------------------------------------

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1. STATE OF KERALA REP BY:PUBLIC PROSECUTOR HIGH COURT OF KERALA,REPRESENTING STATION HOUSE OFFICER, MUNAMBOM POLICE STATION.

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2. HARI,S/O.KUNJAN,NIKATHIL VEEDU,NJARACKAL ERNAKULAM DISTRICT.

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3. DANISH,S/O.VIJAYAN,PUTHUVELI VEETIL, CHERAI BEACH KARA, PALLIPURAM,ERNAKULAM DISTRICT.

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PUBLIC PROSECUTOR SRI.AMJAD ALI. ADV. SMT.C.SEENA FOR R2 & R3

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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M.Sasidharan Nambiar, J.

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Crl.M.C.No.2489 of 2009

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ORDER

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Petitioners are the accused in C.C.No.705/2008 on the file of Judicial First Class Magistrate's Court, North Paravur. Prosecution case is that petitioners formed themselves into unlawful assembly on 1.6.2008 at about 7 p.m. and in furtherance of their common object, attacked second respondent Hari and inflicted injury on him and when third accused intervened, he was also beaten and hurt was caused to him and thereby petitioners committed offences under Sections 143, 147, 148, 323 and 324 read with Section 149 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case contending that the entire disputes with respondents 2 and 3 were amicably settled and in such circumstances, it is not, in the interest of justice, to proceed with the case.

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Respondents 2 and 3 appeared through a counsel and filed separate affidavits stating that all the disputes with the petitioners were amicably settled and in such circumstances, they have no objection for

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CRMC 2489/09

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quashing the proceedings.

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Learned counsel appearing for the petitioners, respondents 2 and 3 and learned Public Prosecutor were heard.

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Annexure-1 final report shows that the

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allegation against the petitioners is that they formed themselves into unlawful assembly and caused hurt to third respondent by beating with hands and kicking with legs and caused hurt to second respondent by hitting with a stone and thereby committed the alleged offences. When injuries are minor and the disputes with the petitioner and respondents 2 and 3 were amicably settled, as held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), it is not in the interest of justice to proceed with the case further, when, consequent to the settlement, chances of a successful prosecution is very bleak.

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Petition is allowed. C.C.No.705/2008 on the file of Judicial First Class Magistrate's Court, North Paravur is quashed.

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18^th August, 2009 (M.Sasidharan Nambiar, Judge) tkv

Jayendran P.M. & 7 Others v. State of Kerala and 2 Others

Case brief

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Jayendran P.M. & 7 Others v. State of Kerala and 2 Others

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