Allowed

Kalidasan, v. State of Kerala

Kerala HC7 Nov 2019Crl.MC/5597/2019

Case brief

AI extract

What is this about?

The High Court allowed a petition under Section 482 Cr.P.C. to quash criminal proceedings against eight accused. The offences were purely private in nature, the victims filed affidavits confirming settlement and lack of objection, and there was no public interest element.

What did the court decide?

The entire proceedings against the petitioners in Crime No.284/2019 of Palakkad Town North Police Station are quashed.

Kalidasan, 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.5597 OF 2019(H)

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CRIME NO.284/2019 OF TOWN NORTH POLICE STATION, PALAKKAD

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PETITIONERS/ACCUSED NOS. 1 TO 8

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

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2 VIJAY, AGED 24 YEARS S/O. MOHANA, THONIPALAYAM, AMBIKAPURAM, PALAKKAD

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3 MANOJ, AGED 19 YEARS S/O. DURA,THONIPALAYAM, AMBIKAPURAM, PALAKKAD

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

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

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

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

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8 KALIDASAN, S/O. CHANKILI,KUTTIPULLY HOUSE,

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Crl.MC.No.5597 OF 2019

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KADUKKAMKUNNU (P.O),PALAKKAD DISTRICT

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BY ADV. NIREESH MATHEW,

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RESPONDENTS/STATE, DE FACTO COMPLAINANT & OTHER INJURED:

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

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2 KRISHNAKUMAR, AGED 25 YEARS S/O. GOVINDANKUTTY NAIR, PUTHENVEEDU, KOONTHANIPOTTA, PUDUSSERY,PALAKKAD DISTRICT-678 103

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3 SIVAKUMAR, AGED 34 YEARS S/O.GOVINDANKUTTY NAIR, PUTHENVEEDU, THONIPALAYAM, AMBIKAPURAM.P.O., PALAKKAD-67 103

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4 SENTHILKUMAR AGED 31 YEARS S/O. SHANMUGHAN, THONIPALAYAM, AMBIKAPURAM.P.O., PALAKKAD-67 103

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BY ADV. R2-4 BY ADV. BABU JOSE

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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.5597 OF 2019

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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 petitioners in the case registered as Crime No.284/2019 of Palakkad Town North Police Station.

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The petitioners are accused 1 to 8 in the aforesaid case. The allegation against them is that they have committed the offences punishable under Sections 323 and 308 read with 34 IPC. Respondents 2 to 4 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 respondents 2 to 4 and also the learned Public Prosecutor.

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I have perused the affidavits filed by the respondents 2 to 4, who have entered appearance through counsel. It is stated in the affidavits filed by them that the matter has been settled between them and the petitioners and that they have no objection to quash the proceedings against the petitioners. I am satisfied

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Crl.MC.No.5597 OF 2019

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that the settlement arrived at between the parties is genuine.

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It is true that an offence punishable under Section

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308 read with 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. The counter case registered in the matter has already been quashed by this Court as per the order dated 18.10.2019 in Crl.M.C No. 5590/2019. Now, no useful purpose would 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.284/2019 of Palakkad Town North Police Station, 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.5597 OF 2019

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APPENDIX

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PETITIONERS' EXHIBITS:

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ANNEXURE-A CERTIFIED COPY OF THE FIRST-INFORMATION REPORT IN CRIME NO.284/2019 OF PALAKKAD TOWN NORTH POLICE STATION ALONG WITH F.I.STATEMENT

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ANNEXURE-B THE ORIGINAL OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DTD 19.07.2019 ANNEXURE-C THE ORIGINAL OF THE AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT DTD 19.07.2019 ANNEXURE-D THE ORIGINAL OF THE AFFIDAVIT SWORN TO BY THE 4TH RESPONDENT DTD 19.07.2019 ANNEXURE E TRUE PHOTOCOPY OF THE REPORT FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PALAKKAD.

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//TRUE COPY//

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P A TO JUDGE

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smf

Kalidasan, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Kalidasan, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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