Allowed

Sujith v. State of Kerala

Kerala HC9 Oct 2019Crl.MC/3808/2019

Case brief

AI extract

What is this about?

Single judge order in Criminal Misc. No. 3808 of 2019 quashing criminal proceedings instituted in Crime No. 1167/2018 of Oachira PS. The Court held that since the dispute was private and amicably settled with no public interest, proceedings were quashed citing Parbatbhai Aahir.

What did the court decide?

Quashing of entire proceedings against the petitioners in Crime No.1167/2018 of Oachira Police Station and the pending case before Judicial First Class Magistrate, Karunagappally.

Sujith Vs State of Kerala — Criminal Trial and Appeal | 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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WEDNESDAY, THE 09TH DAY OF OCTOBER 2019 / 17TH ASWINA, 1941

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Crl.MC.No.3808 OF 2019(E)

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CRIME NO.1167/2018 OF Ochira Police Station , Kollam

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PETITIONERS/ACCUSED:

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1 SUJITH AGED 35 YEARS

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S/O. MOHANAN, KANNANKAVIL, SOUTH KOCHUMURI, KRISHNAPURAM VILLAGE, ALAPPUZHA DISTRICT - 690 533.

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2 ANEESH

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AGED 32 YEARS

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S/O. RAGHU, PULIMOOTIL THARAYIL, SOUTH KOCHUMURI, KRISHNAPURAM VILLAGE, ALAPPUZHA DISTRICT - 690 533.

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BY ADV. SRI.K.B.ARUNKUMAR

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RESPONDENTS/STATE & DEFACTO COMPLAINANTS:

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1 STATE OF KERALA

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REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31.

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2 THE STATION HOUSE OFFICER OACHIRA POLICE STATION, KOLLAM DISTRICT, PIN - 690 525.

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3 HIDAYATHULLA S/O. SHAJI, THONDUKANDATHIL, KOCHUMURI, KRISHNAPURAM, OACHIRA, KOLLAM DISTRICT - 690 525.

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4 AL-AMEEN

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S/O. NAZEER. N, 'ASLAM MANZIL', KOCHUMURI, OACHIRA, KOLLAM DISTRICT - 690 525.

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R3-4 BY ADV. PRATHEESH.P

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SMT V SREEJA- PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING

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Crl.MC.No.3808 OF 2019

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ORDER

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This is an application filed under Section 482 Cr.P.C for quashing the proceedings against the petitioners in Crime No.1167/2018 of Oachira Police Station.

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The petitioners are the accused in the aforesaid case.

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The allegation against them is that they have committed the offences punishable under Sections 323, 341, 294(b) and 427 read with 34 IPC. The 3^rd and the 4^th respondents are the victims of the offences allegedly committed by the petitioners. It is submitted that the matter has been settled between them 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 3^rd and the 4^th respondents and the learned Public Prosecutor.

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I have perused the affidavits filed by the 3^rd and 4^th respondents, who have entered appearance through counsel. It is stated in the affidavits that the dispute between them and the petitioners has been amicably settled and that they have got no grievance against the petitioners. I am satisfied that

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Crl.MC.No.3808 OF 2019

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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. Even if the prosecution against the petitioners is allowed to be continued, it would serve no useful purpose in view of the settlement arrived at between the parties. 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

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Gujarat (AIR 2017 SC 4843) , that 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, based on Crime No.1167/2018 of Oachira Police Station and the case pending before the Court of the Judicial First Class Magistrate, Karunagappally based on the final report filed in the aforesaid crime, are hereby quashed.

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Sd/-

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R. NARAYANA PISHARADI

JUDGE

rpk

Crl.MC.No.3808 OF 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE 1 THE COPY OF FIR IN CRIME NO.1167/2018 OF OACHIRA POLICE STATION.

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ANNEXURE 2 TRUE COPY FOR FIR WITH FIS IN CRIME NO. 2744/2018 OF KAYAMKULAM POLICE STATION.

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ANNEXURE 3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT REGARDING THE COMPROMISE DATED 30.11.2018.

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ANNEXURE 4 THE AFFIDAVIT SWORN BY THE 4TH RESPONDENT REGARDING THE COMPROMISE DATED 30.11.2018.

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ANNEXURE P5 THE COPY OF FINAL REPORT IN CRIME NO.1167/2018 OF OACHIRA POLICE STATION

Sujith v. State of Kerala

Case brief

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Sujith v. State of Kerala

Case brief

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