Quashed

N.Lathesh Kumar v. State of Kerala

Kerala HC2 Sept 2019Crl.MC/4938/2017

Case brief

AI extract

What is this about?

The Kerala High Court quashed criminal proceedings against six accused for offences under Ss. 448, 354, and 506 IPC. Relying on the settlement affidavit and settled dispute, the court held that continuation would serve no purpose and exercised powers under Sec. 482 CrPC.

What did the court decide?

The Anx-A3 FIR in Crime No. 171/2017 and all further proceedings against accused Nos. 1 to 6 stand quashed.

N.Lathesh Kumar Vs State of Kerala — Quashing and FIR | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

¶4

MONDAY, THE 02ND DAY OF SEPTEMBER 2019 / 11TH BHADRA, 1941

¶5

Crl.MC.No.4938 OF 2017

¶6

CRIME NO.171/2017 OF Panniankara Police Station , Kozhikode

¶7

PETITIONERS/ACCUSED 1 TO 6:

¶8

1 N.LATHESH KUMAR

¶9

S/O. K.P NARAYANAN, AGED ABOUT 43 YEARS, R/AT:PLOT NO 20,2ND CROSS STREET, SAMAYAPURAM NAGAR PORUR, CHENNAI - 600 116.

¶10

2 N LIJISHA

¶11

W/O. SUNIL KUMAR, D/O. K.P NARAYANAN, AGED ABOUT 38 YEARS,R/AT :1024/139, FLAT NO F-2, 1ST FLOOR, SULOCHANA APARTMENT20TH MAIN ROAD, 5TH BLOCK, RAJAJINAGAR, BANGALORE - 560 010.

¶12

3 K P NARYANAN S/O. LATE CHATHAN, AGED ABOUT 73 YEARS, R/AT:PLOT NO20,2ND CROSS STREET, SAMAYAPURAM NAGAR, PORUR, CHENNAI - 600 116.

¶13

4 CHANDRIKA

¶14

W/O. K.P NARAYANAN, AGED ABOUT 63 YRSR/AT:PLOT NO 20,2ND CROSS STREET, SAMAYAPURAM NAGAR, PORUR, CHENNAI - 600 116.

¶15

5 LEELA

¶16

W/O. K P RAJAN, AGED ABOUT 56 YEARS, R/AT KULAMULLA PARAMBATH,VATAYAM POST, KUTTYADI, KOZHIKODE - 673 507.

¶17

6 BHASKARAN

¶18

S/O. LATE CHOYICHI, AGED ABOUT 56 YEARS, R/AT KUNHIPARAMBIL, VATAYAM POST, KUTTYADI, KOZHIKODE - 673 507.

¶19

BY ADVS.

¶20

SMT.O.M.SHALINA SRI.RAMANANDA A.D

¶21

RESPONDENTS/STATE & DEFACTO COMPLAINANT:

¶22

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.

¶23

2 THE SUB INSPECTOR OF POLICE

¶24

Crl.MC.No.4938 OF 2017

¶25

¶26

PANNIANKARA POLICE STATION, KOZHIKODE - 673 003.

¶27

3 SARASA W/O. T.K NARAYAN, AGED ABOUT 71 YEARS, NANDANAM,BANGLAVE ROAD, THIRUVANANNUR, PANNIANKARA KOZHIKODE,KERALA - 673 029.

¶28

R1, R3 BY ADV. SRI.K.RAKESH

¶29

OTHER PRESENT:

¶30

SMT.PRIYA SHANAVAS, PUBLIC PROSECUTOR FOR R1 AND R2

¶31

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶32

Crl.MC.No.4938 OF 2017

¶33

¶34

ALEXANDER THOMAS, J.

¶35

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2^nd day of September, 2019

¶36

O R D E R

¶37

Petitioners herein are accused Nos.1 to 6 in the impugned Anx-A3 FIR in Crime No.171/2017 of Panniankara Police Station, Kozhikode district, registered for offences punishable under Secs.448, 354, 506(i) r/w 34 of the Indian Penal Code. The prosecution case in short is that the petitioners trespassed into the house of the 3^rd respondent on 30.04.2017 alleging that the 3^rd respondent and her husband have become spendthrifts using all the money earned by their son Sunil Kumar and threatened that their limbs would be cut off and that the 1^st petitioner caught hold of the 3^rd respondent from the back of her neck and threatened to kill her and also insulted by pulling her by hand.

¶38

It is stated that now the entire disputes between the petitioners and the respondents have been settled amicably and that the 3^rd respondent has sworn to Anx.A1 affidavit before this Court, wherein it is stated that she has settled the entire disputes with the petitioners and that she has no objection for quashment of the impugned criminal proceedings pending against the petitioners. It is in the light of these aspects that the petitioners have preferred the instant Crl.M.C. with the prayer to quash the

¶39

Crl.MC.No.4938 OF 2017

¶40

¶41

impugned criminal proceedings against them.

¶42

In a catena of decisions, the Apex Court has held that, in appropriate cases involving even non-compoundable offences, the High Court can quash prosecution by exercise of the powers under Sec.482 of the Cr.P.C., if the parties have really settled the whole dispute or if the continuance of the prosecution will not serve any purpose. Here, this Court finds a real case of settlement between the parties and it is also found that continuance of the prosecution in such a situation will not serve any purpose other than wasting the precious time of the court, when the case ultimately comes before the court. On a perusal of the petition and on a close scrutiny of the investigation materials on record and the affidavit of settlement and taking into account the attendant facts and circumstances of this case, this Court is of the considered opinion that the legal principles laid down by the Apex Court in the cases as in Gian Singh v. State of Punjab reported in 2013 (1) SCC (Cri) 160 = (2012) 10 SCC 303 and Narinder Singh and others v. State of Punjab and anr . reported in (2014) 6 SCC 466, more particularly paragraph 29 thereof, could be applied in this case to consider the prayer for quashment.

¶43

Accordingly, it is ordered in the interest of justice that Anx-A3 FIR in Crime No.171/2017 of Panniankara Police Station, Kozhikode district and all further proceedings arising therefrom pending against accused Nos.1 to 6 will stand quashed. The petitioners will produce

¶44

Crl.MC.No.4938 OF 2017

¶45

¶46

certified copies of this order to the Investigating Officer concerned and the competent court below concerned. Office of Advocate General will forward copy of this order to the Investigating Officer concerned, for necessary information.

¶47

With these observations and directions, the above Criminal Miscellaneous Case stands finally disposed of.

¶48

Sd/ALEXANDER THOMAS JUDGE

¶49

SKS

¶50

Crl.MC.No.4938 OF 2017

¶51

¶52

APPENDIX

¶53

PETITIONER'S/S EXHIBITS:

¶54

ANNEXURE A1 TRUE COPY OF SETTLEMENT ARRIVED AT ON 30.09.2013 BETWEEN THE 2ND PETITIONER AND HER HUSBAND SUNIL WHICH WAS FILED BEFORE THE FAMILY COURT, BANGALORE IN MC 2356/2013.

¶55

ANNEXURE A2 THE SCREEN SHOT COMPUTER PRINT OUT OF WHATS APP MESSAGE SSENT BY THE PETITIONER PANNIANKARA POLICE STATION. ANNEXURE A3 CERTIFIED COPY OF FIR IN CRIME NO.171/2017 OF PANNIANKARA POLICE STATION, KOZHIKODE. ANNEXURE A4 COPY OF COMPLAINT SENT TO SHO, PANNIANKARA POLICE STATION BY 2ND PETITIONER DATED 09.05.2017. ANNEXURE A5 TRUE COPY OF LETTER DATED NIL WRITTEN BY MINOR DAUGHTER OF THE 2ND PETITIONER TO THE POLICE.

N.Lathesh Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

N.Lathesh Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sooraj@Kunjan Vs State of Kerala

Purushan, Vs Arya

Devassy @ Rajan Vs State of Kerala

Suresh Vs State of Kerala

Biju Mathew Vs the State of Kerala

Suresh, Vs the State of Kerala