Allowed

Soorya Hari.R.S v. the State of Kerala

Kerala HC7 Nov 2019Crl.MC/5579/2019

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a petition to quash criminal proceedings for theft under Section 379 IPC. Finding a genuine settlement between parties, no public interest element, and no prior criminal antecedents, the court invoked inherent powers to quash the case.

What did the court decide?

Proceedings under C.C. No.990/2017 in the Court of Judicial First Class Magistrate, Paravur, were quashed.

Soorya Hari.R.S Vs the State of Kerala — Cheque Dishonour | 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 07TH DAY OF NOVEMBER 2019 / 16TH KARTHIKA, 1941

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Crl.MC.No.5579 OF 2019(F)

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AGAINST THE ORDER/JUDGMENT IN CC 990/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS , PARAVOOR

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CRIME NO.2350/2017 OF PARAVOOR POLICE STATION, KOLLAM

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PETITIONER/:

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SOORYA HARI.R.S AGED 19 YEARS S/O. RAMJITH, RESIDING AT STANDARD BUILDING, THAZHAM NORTH CHERRIYIL, PARAVOOR, KOLLAM DISTRICT.

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BY ADV. SRI.S.SREEKUMAR (KOLLAM)

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

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2 THE SUB INSPECTOR OF POLICE PARAVOOR POLICE STATION, KOLLAM DISTRICT, REPRESENTED THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

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3 VISHAKH.V.H AGED 23 YEARS S/O. HARIDAS, RESIDING AT PAVITHRAM VEEDU, NEAR DHAYBJI JUNCTION, KUNAYILCHERRIYIL, PARAVOOR VILLAGE, KOLLAM DISTRICT.

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R3 BY ADV. R.RAJESH(PULLIKADA)

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SRI C S HRITHWIK-SR PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.5579 OF 2019 2

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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

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quashing the proceedings against the petitioner in the case C.C No.990 of 2017 on the file of the Court of the Judicial First Class Magistrate (Temporary), Paravur.

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The petitioner is the sole accused in the aforesaid case. The offence alleged against him is punishable under Section 379 IPC. The allegation against him is that he committed theft of the motor cycle which was owned and possessed by the 3^rd respondent/de facto complainant. It is submitted that the matter has been settled between the 3^rd respondent and the petitioner. Therefore, it is prayed that the proceedings against the petitioner in the case may be quashed.

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Heard the learned counsel for the petitioner and the 3^rd respondent and also the learned Public Prosecutor.

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I have perused the affidavit filed by the 3^rd respondent, 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 petitioner and that he has no objection to

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Crl.MC.No.5579 OF 2019 3

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quash the proceedings against the petitioner. I am satisfied that the settlement arrived at between the parties is genuine.

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True, an offence punishable under Section 379 IPC is alleged against the petitioner. However, there is no element of public interest involved in the case. The learned Public Prosecutor, on instructions, has submitted that the petitioner has got no criminal antecedents. The affidavit filed by the de facto complainant reveals that the case against the petitioner was registered on the basis of a misunderstanding that he took the motor cycle from his possession without his consent. In these circumstances, I find that the proceedings against the petitioner in

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the case may be quashed by invoking the power of this Court under Section 482 Cr.P.C.

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Consequently, the petition is allowed. The entire proceedings against the petitioner in the case C.C No.990/2017 on the file of the Court of the Judicial First Class Magistrate (Temporary), Paravur are hereby quashed.

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Sd/-

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R. NARAYANA PISHARADI

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JUDGE

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smf

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Crl.MC.No.5579 OF 2019 4

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APPENDIX

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PETITIONERS' EXHIBITS:

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ANNEXURE A1	A TRUE COPY OF THE FIR IN CRIME NO.2350 OF 2017, DATED 08.11.2017 OF PARAVOOR POLICE STATION.
ANNEXURE A2	A TRUE COPY OF THE CHARGE IN 990 OF 2017, DATED 08.11.2017 OF THE JFMC (TEMPORARY), PARAVUR, KOLLAM.
ANNEXURE A3	A TRUE COPY OF THE AFFIDAVIT DATED 03.08.2019 HAS BEEN SWORN BY THE THIRD RESPONDENT BEFORE THIS HON'BLE COURT.

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//TRUE COPY// P A TO JUDGE

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smf

Soorya Hari.R.S v. the State of Kerala

Case brief

What is this about?

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Soorya Hari.R.S v. the State of Kerala

Case brief

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