Allowed

Manu v. State of Kerala

Kerala HC9 Oct 2019Crl.MC/6561/2019

Case brief

AI extract

What is this about?

High Court of Kerala allowed a criminal petition under Section 482 Cr.P.C to quash criminal proceedings. The court found the dispute private in nature involving Section 308 IPC allegation without actual injury likely to cause death, settled between parties, and lacking public interest element related to bursting crackers.

What did the court decide?

The petition was allowed and the entire proceedings against the petitioner in C.P.No.35/2016 before the Judicial First Class Magistrate -III, Attingal were quashed.

Manu 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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WEDNESDAY, THE 09TH DAY OF OCTOBER 2019 / 17TH ASWINA, 1941

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Crl.MC.No.6561 OF 2019(A)

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AGAINST THE ORDER/JUDGMENT IN CP 35/2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - III,ATTINGAL

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CRIME NO.1638/2015 OF Kilimanoor Police Station , Thiruvananthapuram

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PETITIONER/ACCUSED

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MANU

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AGED 33 YEARS

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S/O. MANOHARAN, CHARUVILA VEEDU, SWAMI MUKKU, PAZHAYAKUNNUMEL VILLAGE, THIRUVANANTHAPURAM DISTRICT.

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BY ADV. SRI.P.ANOOP (MULAVANA)

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RESPONDENTS/STATE, DEFACTO COMPLAINANT:

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1 STATE OF KERALA

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REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2 ANSHAD

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S/O. HAMSA, CHARUVILA PUTHEN VEEDU, VANDITHADAM, THATTATHUMALA, PAZHAYAKUNNUMEL VILLAGE, THIRUVANANTHAPURAM DISTRICT-695001.

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R2 BY ADV. A.CHANDRA BABU

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SRI B JAYASURYA- SR PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.6561 OF 2019

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ORDER

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This is an application filed under Section 482 Cr.P.C for quashing the proceedings against the petitioner in the case C.P.No. 35/2016 on the file of the Court of the Judicial First Class Magistrate -III, Attingal.

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The petitioner is the accused in the aforesaid case. The allegation against him is that he has committed the offences punishable under Sections 294(b), 324 and 308 IPC. The 2^nd respondent is the victim/defacto complainant in the case. It is stated that the matter has been settled between him and the petitioner. Therefore, it is prayed that the proceedings against the petitioner in the case may be quashed.

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Heard learned counsel for the petitioner and the 2^nd respondent and the learned Public Prosecutor.

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I have perused the affidavit filed by the 2^nd respondent, who has entered appearance through counsel. It is stated in the affidavit filed by him that the dispute between him and the petitioner has been settled and that he is not

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Crl.MC.No.6561 OF 2019

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interested to continue the proceedings against the petitioner. I am satisfied that the settlement arrived at between the parties is genuine.

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True, an offence punishable under Section 308 IPC is alleged against the petitioner. However, such an allegation is made not on the basis of any injury actually caused on the body of the 2^nd respondent which was likely to cause death. The allegation regarding the offence punishable under Section 308 IPC is made only on the ground that if the blow made by the petitioner with a chopper had not been obstructed by the 2^nd respondent, it would have caused injury which was likely to cause death. Inspite of an allegation regarding the commission of an offence punishable under Section 308 IPC, the dispute between the parties is basically private in nature. The incident had happened in connection with bursting of crackers near the house of the petitioner by the 2^nd respondent. There is no element of public interest involved in the case. In these circumstances, I am satisfied that the power of this Court under Section 482 Cr.P.C can be invoked to quash the proceedings against the petitioner in the case.

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Crl.MC.No.6561 OF 2019

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In the result, the petition is allowed. The entire proceedings against the petitioner in the case C.P.No.35/2016 on the file of the Court of the Judicial First Class Magistrate-III, Attingal, based on Crime No.1638/2015 of Kilimanoor Police Station, are hereby quashed.

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Sd/-

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R. NARAYANA PISHARADI

JUDGE

rpk

Crl.MC.No.6561 OF 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 TRUE COPY OF THE FINAL REPORT IN CP 35/2016 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, ATTINGAL, ARISING FROM CRIME NO.1638/15 OF THE KILIMANOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT.

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ANNEXURE A2 TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT.

Manu v. State of Kerala

Case brief

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Manu v. State of Kerala

Case brief

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