Quashed

Arun Mathew v. State of Kerala

Kerala HC26 Jun 2018Crl.MC/3312/2018

Case brief

AI extract

What is this about?

The High Court of Kerala quashed criminal proceedings against the petitioner under Sections 482 Cr.P.C., holding the matter a personal dispute settled by the de facto complainant via affidavit, without invoking larger questions of public importance.

What did the court decide?

Criminal miscellaneous case allowed; further proceedings in SC.No.1195/2016 arising from Crime No.27/2016 against the petitioner quashed.

Arun Mathew Vs State of Kerala — Cheating and Forgery | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SUNIL THOMAS

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TUESDAY, THE 26TH DAY OF JUNE 2018 / 5TH ASHADHA, 1940

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Crl.MC.No. 3312 of 2018

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PENDING AS SC 1195/2016 of DISTRICT & SESSIONS COURT,KOZHIKODE CRIME NO. 27/2016 OF VALAYAM POLICE STATION , KOZHIKODE

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PETITIONER(S)/ACCUSED

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ARUN MATHEW, S/O.MATHEW, AGED 27 YEARS, KIZHAKKEDATH VEEDU, VILANGAD P.O., KOZHIKODE DISTRICT, PIN-673506.

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BY ADV.SRI.B.MUHAMMED SHAHEEL

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RESPONDENT(S)/STATE/DEFACTO COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682031, (INVESTIGATING OFFICER IN CRIME NO.27/16 OF VALAYAM POLICE STATION PENDING BEFORE DISTRICT AND SESSIONS COURT, KOZHIKODE AS SC 1195/2016).

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2. CHINJU K.G., S/O.GOPI, AGED 20 YEARS, KETTIL COLONY,

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VILANGAD P.O., KALLACHI VIA, KOZHIKODE DISTRICT,

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PINCODE-673506.

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R2 BY ADV. SRI.RUBEN GEORGE ROCK

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R1 BY PUBLIC PROSECUTOR SMT.V.SREEJA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 3312 of 2018 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.27/16 OF VALAYAM POLICE STATION PENDING BEFORE DISTRICT AND SESSIONS COURT, KOZHIKODE AS SC 1195/2016.

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ANNEXURE A2 THE AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANT/2ND RESPONDENT EXPRESSING HER WILLINGNESS TO QUASH THE CRIMINAL PROCEEDINGS AGAINST THE PETITIONER.

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RESPONDENT(S)' EXHIBITS NIL

R.AV

//TRUE COPY//

PA TO JUDGE

SUNIL THOMAS, J

Crl.M.C.No.3312 of 2018

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Dated this the 26^th day of June, 2018

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O R D E R

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The petitioner herein is the sole accused in Crime No.27/2016 of Valayam Police Station for offences punishable under sections 323, 354(A) of the Indian Penal Code and section 3 (1) (X) and (XI) of SC & ST (Prevention of Atrocities) Act.

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It is alleged by the defacto complainant that

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on 24.1.2016 at about 8 pm., the petitioner herein abused the defacto complainant and slapped on the face of the defacto complainant. Pursuant to an FIS laid, crime was registered and after investigation, final report was filed. The case is now pending as SC.No.1195/2016 on the files of the District and Sessions Court, Kozhikode.

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The Crl.M.C is filed on a premise that the

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parties have thereafter settled their dispute. Claiming that they have no grievance against each other and affidavit affirmed by the defacto complainant has been

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Crl.M.C.No.3312 of 2018

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produced as Annexure-A2. The learned counsel for the petitioner and the learned counsel for the second respondent relying on the above affidavit submitted that the Crl.M.C can be allowed and all further proceedings quashed. The learned Public Prosecutor submitted that instructions have been given to the investigation officer regarding the settlement. Having considered these facts, I am inclined to invoke the jurisdiction under section 482 Cr.P.C and to quash the proceedings treating it as a purely personal dispute without the involvement of larger questions of public importance.

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Accordingly, Crl.M.C is allowed. All further proceedings in SC.No.1195/2016 on the files of the District and Sessions Court, Kozhikode, arising from Crime No.27/2016 of Valayam Police Station as against the petitioner stand quashed.

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Sd/-

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SUNIL THOMAS, JUDGE

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R.AV

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//True Copy// PA to Judge

Arun Mathew v. State of Kerala

Case brief

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Arun Mathew v. State of Kerala

Case brief

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