Allowed

Krishnakumar v. State of Kerala

Kerala HC18 Oct 2019Crl.MC/5590/2019

Case brief

AI extract

What is this about?

The Kerala High Court quashed criminal proceedings against petitioners alleging offences under Sections 324 and 308 IPC. Noting a genuine voluntary settlement, an affidavit of willingness to absolve from liability, and absence of public interest, the court invoked Section 482 Cr.P.C to terminate the case.

What did the court decide?

Proceedings in Crime No. 283 of 2019 before Palakkad Town North Police Station were quashed.

Krishnakumar Vs State of Kerala — Contract and Commercial Disputes | 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 18TH DAY OF OCTOBER 2019 / 26TH ASWINA, 1941

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Crl.MC.No.5590 OF 2019(G)

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CRIME NO.283/2019 OF Town North Police Station , Palakkad

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PETITIONERs/ACCUSED NOS.1 TO 8:

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1 KRISHNAKUMAR, AGED 25 YEARS S/O.GOVINDANKUTTY NAIR, PUTHENVEEDU, KOONTHANIPOTTA, PUDUSSERY, PALAKKAD DISTRICT.

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2 SIVAKUMAR @ SIVAN, AGED 34 YEARS S/O.GOVINDANKUTTY NAIR, PUTHENVEEDU, THONIPALAYAM, AMBIKAPURAM.P.O., PALAKKAD.

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3 SENTHILKUMAR, AGED 31 YEARS S/O.SHANMUGHAN, THONIPALAYAM, AMBIKAPURAM.P.O., PALAKKAD.

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BY ADV. SRI.N.P.PRAJEESH

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RESPONDENTS/STATE/DEFACTO COMPLAINANT & OTHER INJURED:

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1 STATE OF KERALA,

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REPRESENTED BY THE PUBLIC PROSECUTOR,

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HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.

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2 VIGNESH,AGED 25 YEARS, S/O.KANNAN, KUTTIPULLY HOUSE, KADUKKAMKUNNU(PO), PALAKKAD DISTRICT.

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3 KALIDASAN,AGED 34 YEARS, S/O.KRISHNA GURU SWAMY, AMBIKAPURAM, PALAKKAD,

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4 SANTHOSH,AGED 28 YEARS, S/O.RAMAN, THONIPALAYAM, AMBIKAPURAM, PALAKKAD.

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5 LAKSHMANAN @ SUDHEESH,AGED 24 YEARS, S/O.NAGARAJAN, THONIPALAYAM, AMBIKAPURAM, PALAKKAD.

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Crl.MC.No.5590 OF 2019(G) 2

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6 JIJESH,AGED 27 YEARS, S/O.CHANDRAN, CHULLIYODE, AMBIKAPURAM, PALAKKAD.

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R2-6 BY ADV. BABU JOSE

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SMT V SREEJA- PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.5590 OF 2019(G) 3

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ORDER

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This is an application filed under section 482 Cr.P.C for

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quashing the proceedings against the petitioners in the case registered as Crime No.283/2019 of Palakkad Town North Police Station.

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The petitioners are accused Nos.1 to 3 in the aforesaid case. The allegation against them is that they have committed the offences punishable under Sections 324 and 308 r/w. 34 IPC. The respondent Nos.2 to 6 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 learned counsel for the respondents 2 to 6 and also the learned Public Prosecutor.

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I have perused the affidavits filed by the respondent Nos.2 to 6, who have entered appearance through counsel. It is stated by them in the affidavits that the matter has been settled between them and the petitioners and that they have got no grievance against the petitioners and also that, they

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Crl.MC.No.5590 OF 2019(G) 4

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have got no objection to quash the proceedings against the petitioners. I am satisfied that the settlement arrived at between the parties is genuine.

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It is true that an offence punishable under Section 308 r/w. 34 IPC is alleged against the petitioners. However, there is no element of public interest involved in the case. The dispute between the parties is basically private in nature. No useful purpose will be served by the continuation of the proceedings against the petitioners. 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.283 of 2019 of the Palakkad Town North Police Station, are hereby quashed.

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Sd/-

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R. NARAYANA PISHARADI

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ajt JUDGE

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Crl.MC.No.5590 OF 2019(G) 5

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE-A CERTIFIED COPY OF THE FIRST-INFORMATION REPORT IN CRIME NO.283/2019 OF PALAKKAD TOWN NORTH POLICE STATION ALONG WITH THE STATEMENT OF THE 2ND RESPONDENT

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ANNEXURE-B THE ORIGINAL OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT

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ANNEXURE-C THE ORIGINAL OF THE AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT ANNEXURE-D THE ORIGINAL OF THE AFFIDAVIT SWORN TO BY THE 4TH RESPONDENT ANNEXURE-E THE ORIGINAL OF THE AFFIDAVIT SWORN TO BY THE 5TH RESPONDENT ANNEXURE-F THE ORIGINAL OF THE AFFIDAVIT SWORN TO BY THE 6TH RESPONDENT

Krishnakumar v. State of Kerala

Case brief

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Krishnakumar v. State of Kerala

Case brief

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