Allowed

Renjith Rajan v. State of Kerala

Kerala HC4 Oct 2019Crl.MC/6488/2019

Case brief

AI extract

What is this about?

The High Court allowed an application under Section 482 Cr.P.C to quash criminal proceedings against petitioners accused of offenses under the IPC. The court found the dispute private, settled, and noted the victim could not identify assailants in the acquittal of co-accused, rendering continuation futile.

What did the court decide?

The entire proceedings against the petitioners in C.C No. 724/2019 are quashed.

Renjith Rajan 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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FRIDAY, THE 04TH DAY OF OCTOBER 2019 / 12TH ASWINA, 1941

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Crl.MC.No.6585 OF 2019(C)

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CC 724/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS,KASARAGOD CRIME NO.280/2014 OF Badiadukka Police Station , Kasargod

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PETITIONERS/ACCUSED 1 TO 3:

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1 MANZOOR

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AGED 27 YEARS (A1) S/O.BADUVAN KUNHI, MARTHAYA HOUSE, PERLA, ENMAKAJE VILLAGE, MANJESHWAR TALUK, KASARAGOD DISTRICT.

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2 RAFNAS.K AGED 32 YEARS A2 S/O.MOOSA, AJILADUKKA HOUSE, K.K.ROAD, PERLA, ENMAKAJE VILLAGE, MANJESHWAR TALUK, KASARAGOD DISTRICT

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3 MOOSA AGED 27 YEARS (A3) S/O.ABDULLA, VALAPPU HOUSE, K.K.ROAD, PERLA, ENMAKAJE VILLAGE, MANJESHWAR TALUK, KASARAGOD DISTRICT. BY ADVS. SMT.HEMALATHA SRI.BINU GEORGE

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RESPONDENTS/STATE/DE FACTO COMPLAINANT:

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

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2 ABDUL RAZAK M., AGED 39 YEARS S/O.M.PILIKUNDI, R/AT MARTHAYA HOUSE, PERLA, MANJESHWAR TALUK, KASARAGOD DISTRICT-671323

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R2 BY ADV. K.P.ANTONY BINU SRI C. S HRITHWIK -SR PP

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 30-092019, THE COURT ON 04-10-2019 PASSED THE FOLLOWING:

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Crl.M.C.No.6585/2019

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R.NARAYANA PISHARADI, J ************************ Crl.M.C.No.6585 of 2019

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Dated this the 4^th day of October, 2019

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O R D E R

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This is an application filed under Section 482 Cr.P.C for quashing the proceedings against the petitioners in the case C.C No. 724/2019 pending before the Court of the Judicial First Class Magistrate-I, Kasaragod.

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The petitioners are the accused in the aforesaid case.

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The allegation against the petitioners is that they have committed the offences punishable under Sections 143, 147, 148, 341 and 324 read with 149 I.P.C. The second respondent is the victim of the offences allegedly committed by the accused. It is submitted that the matter has been amicably settled between

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him and the petitioners. Therefore, it is prayed that the proceedings against the petitioners in the case may be quashed.

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Crl.M.C.No.6585/2019

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Heard learned counsel for the petitioners and the second respondent and the learned Public Prosecutor. 4. I have perused the affidavit filed by the second respondent, who has entered appearance through counsel. I am satisfied that the matter has been settled between the parties. The second respondent has stated in the affidavit that the dispute between him and the petitioners has been settled out of court and that he has got no grievance against the petitioners and that he has no objection to quash the proceedings against them. There is no public interest involved in the case. The dispute between the parties is basically private in nature. Even if the prosecution against the petitioners is allowed to continue, it would not serve any useful purpose as possibility of conviction against them is very remote and bleak. 5. Learned Public Prosecutor, on instructions, submitted that the first petitioner is a person who has got criminal antecedents as he is an accused in the case registered as Crime No.240/2013 of Badiadukka police station under Sections 465, 466, 468 and 471 I.P.C. But it is to be noted that the other accused in the present case have faced trial and they have been acquitted by the trial

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Crl.M.C.No.6585/2019

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court as per the judgment dated 30.07.2019 in the case

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numbered as C.C.No. 3424/2014. Annexure-A3 judgment in the aforesaid case shows that the second respondent had deposed before the trial court that he had got injured as a group of people attacked him but he could not identify the assailants. Therefore, no purpose would be served by proceeding with the case against the other accused in the case , who are the petitioners herein. 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 exercised to quash the proceedings against the petitioners.

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In the result, the petition is allowed. The entire

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proceedings against the petitioners in the case C.C No. 724/2019 pending before the Court of the Judicial First Class Magistrate-I, Kasaragod are hereby quashed.

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(sd/-) R.NARAYANA PISHARADI, JUDGE

jsr

Crl.M.C.No.6585/2019

APPENDIX

PETITIONERS' EXHIBITS:

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ANNEXURE A1 CERTIFIED COPY OF FIR IN CRIME NO.280/2014 OF BADIADKA POLICE STATION

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ANNEXURE A2 CERTIFIED COPY OF FINAL REPORT IN CRIME NO.280/2014 OF BADIADKA POLICE STATION ANNEXURE A3 CERTIFIED COPY OF JUDGMENT DATED 30.07.2019 IN CC NO.3424/2014 OF JUDICIAL FIRST CLASS MAGISTRATE -I, KASARAGOD

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ANNEXURE A4 AFFIDAVIT DATED 31.08.2019 OF 2ND RESPONDENT

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RESPONDENTS' EXHIBITS:

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NIL

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PS TO JUDGE

Renjith Rajan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Renjith Rajan v. State of Kerala

Case brief

What is this about?

What did the court decide?

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