Allowed

Dickson v. State of Kerala

Kerala HC10 Oct 2019Crl.MC/1589/2019

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a Criminal Misc. petition filed under Section 482 Cr.P.C to quash criminal proceedings. The court found the dispute was private in nature and settled between the accused and the complainant, holding no public interest was involved.

What did the court decide?

The entire proceedings against the petitioners in case C.C No.684/2013 based on Crime No.1463/2013 are quashed.

Dickson Vs State of Kerala — Quashing and FIR | Kerala HC (2019)

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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 R. NARAYANA PISHARADI

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THURSDAY, THE 10TH DAY OF OCTOBER 2019 / 18TH ASWINA, 1941

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Crl.MC.No.1589 OF 2019(G)

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CC NO.684/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

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CRIME NO.1463/2013 OF Kottiyam Police Station , Kollam

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PETITIONER/ACCUSED 1 TO 3:

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1 DICKSON

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AGED 27 YEARS S/O.DONAL,RESIDING AT DONAL HOMES,NEAR CHEMMAKKADU CHURCH, PANNAYAM VILLAGE,KOLLAM DISTRICT.

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2 MR.SUDEESH, AGED 24 YEARS S/O JAGADEESAN,RESIDING AT PANNAYIL VEEDU,NEAR CHEMMAKKADU CHURCH, PANNAYAM VILLAGE,KOLLAM DISTRICT.

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3 MR.SANTHOSH, AGED 32 YEARS S/O.ESSAKEY,RESIDING AT SANTHOSH BHAVAN,MU'TTAKAVU,NEDUMPANA VILLAGE, KOLLAM DISTRICT.

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BY ADV. SRI.S.SREEKUMAR (KOLLAM) RESPONDENT/STATE AND DE FACTO COMPLAINANT:

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1 THE STATE OF KERALA REPRESENTED THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM THROUGH THE SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION,KOLLAM DISTRICT.

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2 MR.SANTHOSH KUMAR S/O.RAVEENDRAN,RESIDING AT POTTAL THAYYIL VEEDU,NEAR PUTHIYIDOM TEMPLE, KOTTAPURAM VILLAGE,KOLLAM DISTRICT-695521.

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R2 BY ADV. R.RENJITH SRI C S HRITHWIK-SR PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.1589 OF 2019(G)

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R. NARAYANA PISHARADI, J

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Crl.M.C No.1589 of 2019

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Dated this the 10^th day of October, 2019

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O R D E R

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This is an application filed under Section 482 Cr.P.C for quashing

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the proceedings against the petitioners in the case C.C No.684/2013

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on the file of the Court of the Judicial First Class Magistrate -II, Kollam.

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The petitioners are the accused in the aforesaid case. The allegation against them is that they have committed the offences punishable under Sections 294(b) and 323 read with 34 IPC. The second respondent is the victim of the offences allegedly committed by the petitioners. It is submitted that the matter has been settled between him and the petitioners. Therefore, it is prayed that the proceedings against the petitioners in the case may be quashed.

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Heard the learned counsel for the petitioners and the second respondent and also the learned Public Prosecutor.

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I have perused the affidavit filed by the second respondent,

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who has entered appearance through counsel. It is stated in the affidavit filed by him that the matter has been settled between him and the petitioners and that he has no objection to quash the

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Crl.MC.No.1589 OF 2019(G)

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proceedings against the petitioners. I am satisfied that the settlement arrived at between the parties is genuine. There is no element of public interest involved in the case. The dispute involved in the case is basically private in nature. No useful purpose would be served by the continuation of the proceedings against the petitioners. In these circumstances, I am satisfied that, in the light of the principles laid down by the Apex Court in Parbatbhai Aahir v. State of Gujarat (AIR 2017 SC 4843), that the power of this Court under Section 482 Cr.P.C can be exercised to quash the proceedings against the petitioners in the case.

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Consequently, the petition is allowed. The entire proceedings against the petitioners in the case C.C No.684/2013 on the file of the Court of the Judicial First Class Magistrate -II, Kollam, based on Crime No.1463/2013 of Kottiyam Police Station, are hereby quashed.

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Sd/- R. NARAYANA PISHARADI JUDGE

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lsn

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Crl.MC.No.1589 OF 2019(G)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 A TRUE COPY OF THE FIR IN CRIME NO.1463 OF 2013 OF KOTTIYAM POLICE STATION PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II,KOLLAM. ANNEXURE A2 THE TRUE COPY OF THE FINAL REPORT IN C.C.NO.684/2013 ON THE FILE OF THE JFMCII,KOLLAM. ANNEXURE A3 A TRUE COPY OF THE AFFIDAVIT DATED 7TH FEBRUARY 2019 SWORN BY THE SECOND RESPONDENT (DE-FACTO COMPLAINANT)BEFORE THIS HON'BLE COURT.

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RESPONDENTS EXHIBITS: NIL

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TRUE COPY

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P.A TO JUDGE

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LSN

Dickson v. State of Kerala

Case brief

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What did the court decide?

Dickson v. State of Kerala

Case brief

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What did the court decide?

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