Allowed

Rajkumar.K.S., v. State of Kerala

Kerala HC25 Oct 2019Crl.MC/5380/2019

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an application to quash criminal proceedings instituted under the Indian Penal Code. The court found the dispute to be private in nature and the settlement between parties to be genuine, satisfying the requirements for invoking Section 482 Cr.P.C.

What did the court decide?

The entire criminal proceedings against the petitioners in Crime No.1206/2019 of the Aluva East Police Station are quashed.

Rajkumar.K.S., 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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FRIDAY, THE 25TH DAY OF OCTOBER 2019 / 3RD KARTHIKA, 1941

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Crl.MC.No.5380 OF 2019(B)

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CRIME NO.1206/2019 OF Aluva Police Station , Ernakulam

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PETITIONERS/ACCUSED:

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1 RAJKUMAR.K.S., AGED 34 YEARS

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S/O.SUKUMARAN.K.S., PRESENTLY RESIDING AT RAMVILAS, WALL STREET, ALUVA, ERNAKULAM, PIN-683 101.

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2 HARIGOVIND.K.B., AGED 63 YEARS

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S/O.BALRAM, HAVING PERMANENT RESIDENCE AT RAMVILAS, WALL STREET, ALUVA, ERNAKULAM, PIN-683 101.

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BY ADV. SMT.NEELANJANA NAIR

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RESPONDENTS/DE FACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY THE S.I. OF POLICE, ALUVA POLICE STATION, ERNAKULAM- THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2 KUMARAN CHATHUKUTTY ALIAS GURUPRASHANTH, HAVING PERMANENT RESIDENCE AT MANGARA HOUSE, EDAVILANGU VILLAGE, KODUNGALLOOR TALUK, THRISSUR CURRENTLY RESIDING AT ADHWAITHASHRAMAM, ALUVA, ALUVA, ERNAKULAM, PIN-683 101.

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R2 BY ADV. SRI.A.V.SAJAN R1 BY SMT M K PUSHPALATHA-PP

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.5380 OF 2019(B)

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R. NARAYANA PISHARADI, J

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Crl.M.C No.5380 of 2019

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Dated this the 25^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 the proceedings against the petitioners in the case registered as Crime No.1206/2019 of the Aluva East Police Station under Sections 447,294(b),341,323 and 34 IPC.

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The petitioners are the first and the second accused in the aforesaid case. The second respondent is the victim/de facto complainant 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 the learned Public Prosecutor.

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I have perused the affidavit dated 16.09.2019 filed by the second respondent, who has entered appearance through counsel. It

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Crl.MC.No.5380 OF 2019(B)

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is stated in the affidavit filed by him that the matter has been settled between him and 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 between the parties is basically private in nature. In these circumstances, I am satisfied 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 in the case.

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Consequently, the petition is allowed. The entire proceedings against the petitioners in the case registered as Crime No.1206/2019 of the Aluva East Police Station, are hereby quashed.

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Sd/- R. NARAYANA PISHARADI

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JUDGE

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lsn

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Crl.MC.No.5380 OF 2019(B)

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE A1 TRUE COPY OF THE CERTIFIED COPY OF THE FIR NO.1206/2019 OF ALUVA POLICE STATION DATED 01.07.2019. ANNEXURE A2 TRUE COPY OF THE CERTIFIED COPY OF THE FIRST INFORMATION STATEMENT IN CRIME NO.1206/2019 OF ALUVA POLICE STATION DATED 01.07.2019. ANNEXURE A3 TRUE COPY OF THE WRITTEN LETTER FOR WITHDRAWAL OF COMPLAINT SUBMITTED BY THE DEFACTO COMPLAINANT TO THE SUB INSPECTOR OF POLICE, ALUVA DATED 17.07.2019. ANNEXURE A4 TRUE COPY OF THE COMPLAINT WITHDRAWAL LETTER SUBMITTED BY THE DEFACTO COMPLAINANT TO THE SUB INSPECTOR OF POLICE ALUVA DATED 18.07.2019. ANNEXURE A5: TRUE COPY OF THE CERTIFIED COPY OF THE FINAL REPORT FIELD BY THE SI OF POLICE, ALUVA POLICE STATION IN CC 743/2019 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURTI, ALUVA DATED 20/07/2019.

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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

Rajkumar.K.S., v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rajkumar.K.S., v. State of Kerala

Case brief

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