Allowed

Binu v. State of Kerala

Kerala HC25 Oct 2019Crl.MC/5867/2019

Case brief

AI extract

What is this about?

Single judge allowed criminal miscellaneous petition seeking quashing of criminal proceedings under Section 482 Cr.P.C. The court found the dispute private and settlement genuine, with no public interest involved, and quashed the prosecution against seven accused in C.C No. 1677/2015.

What did the court decide?

Proceedings against petitioners in C.C No. 1677/2015 before Judicial First Class Magistrate, Paravoor are quashed.

Binu Vs State of Kerala — Quashing and FIR | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI

¶4

FRIDAY, THE 25TH DAY OF OCTOBER 2019 / 3RD KARTHIKA, 1941

¶5

Crl.MC.No.5867 OF 2019(C)

¶6

AGAINST THE ORDER/JUDGMENT IN CC 1677/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS, PARAVOOR

¶7

CRIME NO.143/2015 OF Parippally Police Station , Kollam

¶8

PETITIONER/ACCUSED NO 1 TO 7:

¶9

1 BINU

¶10

AGED 34 YEARS S/O RAJAN, PULIKUZHITHADATHIL HOUSE, ELAMKULAM, KALLUVATHUKAL, KOLLAM

¶11

2 MANU

¶12

AGED 34 YEARS S/O RAJAN, PULIKUZHITHADATHIL HOUSE, ELAMKULAM, KALLUVATHUKAL, KOLLAM

¶13

3 SMITHRAJ @ ANU AGED 38 YEARS S/O RAJAN, PULIKUZHITHADATHIL HOUSE, ELAMKULAM, KALLUVATHUKAL, KOLLAM

¶14

4 AJAYAN AGED 36 YEARS S/O VIJAYAN, PULIKUZHITHADATHIL HOUSE, ELAMKULAM, KALLUVATHUKAL, KOLLAM

¶15

5 AJITH AGED 32 YEARS S/O VIJAYAN, PULIKUZHITHADATHIL HOUSE, ELAMKULAM, KALLUVATHUKAL, KOLLAM

¶16

6 DILEEP KUMAR, AGED 45 YEARS S/O. SOMARAJAN, CHARUVILA PUTHEN VEETTIL HOUSE, POOVATHUR.

¶17

7 SUDHEESH @ SUDHI SUDHARSANAN, CHARUVILAPUTHEN VEEDU, POOVATHUR, KALLUVATHUKAL, KOLLAM

¶18

¶19

Crl.MC.No.5867 OF 2019(C)

¶20

BY ADV. SRI.M.R.SASITH

¶21

RESPONDENTS 1 TO 3:

¶22

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031

¶23

2 THE SUB INSPECTOR PARIPPALLY POLICE STATION, KOLLAM-690001

¶24

3 VIJAYAKUMAR @ KUMAR AGED 35 YEARS S/O MURALI, CHARUVILA PUTHEN VEEDU HOUSE, PULIKUZHY, PARIPPALLY, KOLLAM-690001

¶25

R3 BY ADV. V.VINAR

¶26

SRI C S HRITHWIK-PP

¶27

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶28

¶29

Crl.MC.No.5867 OF 2019(C)

¶30

ORDER

¶31

This is an application filed under Section 482 Cr.P.C for quashing the proceedings against the petitioners in the case C.C No. 1677/2015 on the file of the Court of the Judicial First Class Magistrate (Temporary), Paravoor.

¶32

The petitioners are accused Nos. 1 to 7 in the aforesaid case. The offences alleged against them are punishable under Sections 143, 147, 341, 323 and 324 read with 149 IPC . The third respondent is the victim 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.

¶33

Heard the learned counsel for the petitioners and the third respondent and also the learned Public Prosecutor.

¶34

I have perused the affidavit filed by the third respondent, who has entered appearance through counsel. It is stated in the affidavit filed by him that the dispute between him and the petitioners has been settled and that he has got

¶35

¶36

Crl.MC.No.5867 OF 2019(C)

¶37

no objection to quash the proceedings 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 case. The dispute between the parties is basically private in nature. In these circumstances, I am satisfied that it 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.

¶38

Consequently, the petition is allowed. The entire proceedings against the petitioners in the case C.C No.1677/2015 on the file of the Court of the Judicial First Class Magistrate (Temporary), Paravoor are hereby quashed.

¶39

Sd/-

¶40

R. NARAYANA PISHARADI

JUDGE

rpk

Crl.MC.No.5867 OF 2019(C)

¶45

APPENDIX

¶46

PETITIONER'S/S EXHIBITS:

¶47

ANNEXURE A1 CERTIFIED COPY OF FIR NO.143/2015 OF PARIPPALLY POLICE STATION, KOLLAM

¶48

ANNEXURE A2 CERTIFIED COPY OF FINAL REPORT FILED BY THE 2ND RESPONDENT

¶49

ANNEXURE A3 TRUE COPY OF AFFIDAVIT FILED BY THE 3RD RESPONDENT

Binu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Binu 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

Similar cases

The Manager, Vs the State of Kerala

The Divisional Chief Executive Vs the State of Kerala

Sindhu S.Panicker Vs a.Balakrishnan

Linto.v.R Vs State of Kerala

Sujith.T., Vs the Sub Inspector of Police

Rajkumar.K.S., Vs State of Kerala