Allowed

Sony Wilson v. State of Kerala

Kerala HC28 Oct 2019Crl.MC/2450/2019

Case brief

AI extract

What is this about?

In a special leave petition under Section 482 Cr.P.C., the Ernakulam Bench quashed criminal proceedings under Section 380 IPC against petitioners who settled with the victim (their father). The Court held that no public interest was involved in this purely personal family dispute.

What did the court decide?

The entire proceedings in Crime No.1957/2018 of Aluva East Police Station against the petitioners are quashed.

Sony Wilson Vs State of Kerala — Property and Title | 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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MONDAY, THE 28TH DAY OF OCTOBER 2019 / 6TH KARTHIKA, 1941

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Crl.MC.No.2450 OF 2019(E)

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CRIME NO.1957/2018 OF Aluva Police Station , Ernakulam

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PETITIONERS/ACCUSED:

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1 SONY WILSON AGED 44 YEARS S/O.WILSON ABRAHAM, MANNATTU HOUSE, PAROTTUKONAM, NALANCHIRA.P.O., THIRUVANANTHAPURAM-695015, NOW RESIDING AT 5/414, MANNATH, PIPE LINE ROAD, THRIKKAKARA-682021.

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2 ANCY WILSON AGED 63 YEARS W/O.WILSON ABRAHAM, MANNATTU HOUSE, PAROTTUKONAM, NALANCHIRA.P.O., THIRUVANANTHAPURAM-695015, NOW RESIDING AT 5/414, MANNATH, PIPE LINE ROAD, THRIKKAKARA-682021.

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BY ADVS. SRI.GEORGE MATHEW SRI.M.D.SASIKUMAR SHRI.SUNIL KUMAR A.G SRI.DIPU JAMES SMT.BHANU THILAK SHRI.MATHEW K.T.

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RESPONDENTS/STATE, COMPLAINANT AND DE FACTO COMPLAINANT:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2 STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, ALUVA POLICE STATION, ALUVA, ERNAKULAM DISTRICT-683101, THROUGH PUBLIC PROSECUTOR, DISTRICT AND SESSIONS COURT, ERNAKULAM.

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3 THE SUB INSPECTOR OF POLICE, ALUVA POLICE STATION, ALUVA, ERNAKULAM DISTRICT683101, THROUGH PUBLIC PROSECUTOR, DISTRICT AND SESSIONS COURT, ERNAKULAM.

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Crl.MC.No.2450 OF 2019(E) 2

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4 WILSON ABRAHAM, AGED 71 YEARS, S/O.ABRAHAM, MANNATHU HOUSE, FLAT NO.C9, PERIYAR HERMITAGE, SPW ROAD, COMPANYPADI BHAGAM, THAIKATTUKARA KARA, CHOORNIKARA VILLAGE, ALUVA-683101.

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BY ADVS.

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R4 SRI.ANOOP JOSEPH SMT V SREEJA-PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.2450 OF 2019(E) 3

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O R D E R

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This is a petition filed under Section 482 Cr.P.C for quashing the proceedings against the petitioners in the case registered as Crime No.1957/2018 of Aluva East Police Station.

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The petitioners are the 1^st and the 2^nd accused in the aforesaid case. The offence alleged against them is punishable under Section 380 IPC. The 4^th respondent is the de facto complainant/victim of the offence 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 entire proceedings against the petitioners in the case may be quashed.

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Heard the learned counsel for the petitioners and the 4^th respondent and also the learned Public Prosecutor.

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I have perused the affidavit filed by the 4^th respondent, who has entered appearance through counsel. It is stated in the affidavit that the matter has been settled between him and the petitioners and that he has got no grievance against the petitioners and also that he has got no objection to quash the proceedings against the petitioners.

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Crl.MC.No.2450 OF 2019(E) 4

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I am satisfied that the settlement arrived at between the parties is genuine.

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It is true that the offence alleged against the petitioners is under Section 380 IPC. However, no element of public interest is involved in the case because the petitioners are the son and the wife of the de facto complainant/4^th respondent. The dispute between the parties is purely personal in nature. In these circumstances, I find that this is a fit case in which the power of this Court under Section 482 Cr.P.C can be invoked to quash the proceedings against the petitioners.

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In the result, the petition is allowed. The entire proceedings against the petitioners in Crime No.1957/2018 of Aluva East Police Station are hereby quashed.

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Sd/-

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R. NARAYANA PISHARADI

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JUDGE

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LEK

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Crl.MC.No.2450 OF 2019(E) 5

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 TRUE COPY OF F.I.R. DATED 22.6.2018 IN CR.NO.1957 OF 2007 OF ALUVA POLICE STATION, ERNAKULAM RURAL DISTRICT.

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ANNEXURE A2 AFFIDAVIT DATED 16.3.2019 SWORN BY 4TH RESPONDENT/DE-FACTO COMPLAINANT.

Sony Wilson v. State of Kerala

Case brief

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Sony Wilson v. State of Kerala

Case brief

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