Allowed

Antoney Victor v. State of Kerala

Kerala HC7 Nov 2019Crl.MC/5592/2019

Case brief

AI extract

What is this about?

This judgment allows a Criminal Miscellaneous Petition under Section 482 Cr.P.C to quash criminal proceedings against the petitioners. The court accepted affidavits from victims stating a genuine settlement was reached and found no public interest element, resulting in the entire case being quashed.

What did the court decide?

Quashing of the entire criminal proceedings against the petitioners based on Crime No. 77/2019.

Antoney Victor 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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THURSDAY, THE 07TH DAY OF NOVEMBER 2019 / 16TH KARTHIKA, 1941

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Crl.MC.No.5592 OF 2019(H)

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CRIME NO.77/2019 OF Chavara Police Station , Kollam

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PETITIONER/ACCUSED No.1 & 2:

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1 ANTONEY VICTOR AGED 27 YEARS

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S/O. VICTOR, MEENAMPALLY, KIZHAKKETHIL HOUSE, MUKUNDAPURAM, CHAVARA, KOLLAM DISTRICT

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2 SHINJO JOY ALISA SHINE, AGED 28 YEARS S/O. JOY ANTO, HALFRIDA, SWATHI NAGAR, SHAKTHIKULANGARA P.O., KOLLAM DISTRICT

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BY ADV. SRI.P.MOHAMED SABAH

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RESPONDENT/STATE/COMPLAINANT:

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1 STATE OF KERALA REPRESENTATION BY STATION HOUSE OFFICER, CHAVRA, CHAVARA POLICE STATION, KOLLAM DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682031

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2 STATION HOUSE OFFICER CHAVARA POLICE STATION, KOLLAM DISTRICT THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682031

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3 ANU AGED 23 YEARS

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S/O. VICTOR RAJU, APPUPPEZHATHU HOUSE, PATTATHANAM, CHAVARA, KOLLAM DISTRICT-691021

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4 ANIL AGED 30 YEARS

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S/O. VICTOR RAJU, APPUPPEZHATHU HOUSE, PATTATHANAM, CHAVARA, KOLLAM DISTRICT-691021

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R3-4 BY ADV. SREERENJ.B.KRISHNAN

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SMT V SREEJA-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.5592 OF 2019

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ORDER

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This is a petition filed under Section 482 Cr.P.C for quashing the proceedings against the petitioners in the case registered as Crime No. 77/2019 of Chavara Police Station.

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The petitioners are the first and the second accused in the aforesaid case. The offences allegedly committed by them are punishable under Sections 294(b), 323, 324 and 506 read with 34 IPC. The third and the fourth 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 third and fourth respondents and also the learned Public Prosecutor.

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5. I have perused the affidavits filed by the third and the fourth respondents, who have entered appearance through counsel. It is stated in the affidavits filed by them that the

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Crl.MC.No.5592 OF 2019

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matter has been settled between them and the petitioners and that they have got no grievance against 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

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case. The dispute between the parties is basically private in nature. In these circumstances, I find that 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 on the basis of Crime No.77/2019 of Chavara Police station are hereby quashed.

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Sd/-

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R. NARAYANA PISHARADI

JUDGE

rpk

Crl.MC.No.5592 OF 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE-1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.77/2019 OF CHAVARA POLICE STATION, THRISSUR DISTRICT

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ANNEXURE-2 ORIGINAL OF THE AFFIDAVIT DATED DATED 3.06.2019 SWORN BY THE THIRD RESPONDENT

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ANNEXURE-3 THE ORIGINAL OF THE AFFIDAVIT DATED 03.06.2019 SWORN BY THE 4TH RESPONDENT

Antoney Victor v. State of Kerala

Case brief

What is this about?

What did the court decide?

Antoney Victor 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

Statutes considered

Parties & counsel

Coram

Case details

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