Allowed

Alias, v. State of Kerala

Kerala HC9 Aug 2019Crl.MC/791/2019

Case brief

AI extract

What is this about?

The High Court of Kerala quashed criminal proceedings against six accused persons who were charged with offences under the IPC. The court found that the disputes between the petitioners and two respondents had been settled amicably through affidavits, rendering the prosecution purposeless.

What did the court decide?

The impugned First Information Report and all further proceedings pending against the accused persons were quashed.

Alias, 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 ALEXANDER THOMAS

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FRIDAY, THE 9TH DAY OF AUGUST 2019 / 18TH SRAVANA, 1941

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CRL.MC.NO.791 OF 2019(H)

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CRIME NO.77/2019 OF PERUMBAVOOR POLICE STATION , ERNAKULAM

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PETITIONERS/ACCUSED:

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1 ALIAS, AGED 56 YEARS, S/O.YACOB, VELLARAMPARAKUZHI HOUSE, PERIMANI KARA, ARACKAPPADY VILLAGE,PERUMBAVOOR,ERNAKULAM DISTRICT.

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2 YOHANNAN, AGED 53 YEARS, S/O.YACOB, VELLARAMPARAKUZHI HOUSE, PERIMANI KARA, ARACKAPPADY VILLAGE,PERUMBAVOOR,ERNAKULAM DISTRICT.

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3 GEORGE KUTTY, AGED 38 YEARS, S/O.YACOB, VELLARAMPARAKUZHI HOUSE, PERIMANI KARA, ARACKAPPADY VILLAGE,PERUMBAVOOR,ERNAKULAM DISTRICT.

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4 ELDHOKUNJU, AGED 34 YEARS, VELLARAMPARAKUZHI HOUSE, PERIMANI KARA, ARACKAPPADY VILLAGE,PERUMBAVOOR,ERNAKULAM DISTRICT.

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5 ABY, AGED 30 YEARS, VELLARAMPARAKUZHI HOUSE, PERIMANI KARA, ARACKAPPADY VILLAGE,PERUMBAVOOR,ERNAKULAM DISTRICT.

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6 LAIJU, AGED 28 YEARS, S/O.YOHANNAN, VELLARAMPARAKUZHI HOUSE, PERIMANI KARA, ARACKAPPADY VILLAGE, PERUMBAVOOR,ERNAKULAM DISTRICT.

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BY ADVS.SMT.RESMI THOMAS,SMT.A.P.BEELAMMA

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RESPONDENTS/STATE/COMPLAINANT:

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

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2 VIJAYAKUMARI, AGED 50 YEARS, W/O ELIAS, VELLARAMPARAKKUZHY HOUSE, ARACKAPPADY VILLAGE, PERUMBAVOOR, ERNAKULAM DISTRICT, PIN-683542.

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3 SANDEEP, AGED 25 YEARS, S/O ALIYAS,VELLARAMPARAKUZHY HOUSE, ARACKAPPADY VILLAGE, PERUMBAVOOR, ERNAKULAM DISTRICFT, PIN-683542.

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SMT.M.N.MAYA, PUBLIC PROSECUTOR FOR R1 R2 & R3 BY ADV. SRI.K.S.ARUNKUMAR (LEGAL AID COUNSEL) R2 & R3 BY ADV. SRI.JUSTINE JACOB

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ALEXANDER THOMAS, J.

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Crl.M.C. No. 791 of 2019

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Dated this the 9^th day of August, 2019

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O R D E R

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The petitioners herein are the accused in the impugned Anx.I FIR in Crime No.77/2019 of Perumbavoor Police Station, Ernakulam district, registered for offences punishable under Secs.341, 323, 294(b), 506(i), 451, 141, 143 & 149 of the IPC. It is stated that now the entire disputes between the petitioners and the respondents 2 & 3 have been settled amicably and that the respondents 2 & 3 have sworn to Anxs.II & III affidavits respectively before this Court, wherein it is stated that they have settled the entire disputes with the petitioners and that they have no objection for quashment of the impugned criminal proceedings pending against the petitioners. It is in the light of these aspects that the petitioners have preferred the instant Crl.M.C. with the prayer to quash the impugned criminal proceedings against them.

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In a catena of decisions, the Apex Court has held that, in appropriate cases involving even non-compoundable offences,

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Crl.M.C. No. 791 / 2019

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the High Court can quash prosecution by exercise of the powers under Sec.482 of the Cr.P.C., if the parties have really settled the whole dispute or if the continuance of the prosecution will not serve any purpose. Here, this Court finds a real case of settlement between the parties and it is also found that continuance of the prosecution in such a situation will not serve any purpose other than wasting the precious time of the court, when the case ultimately comes before the court. On a perusal of the petition and on a close scrutiny of the investigation materials on record and the affidavit of settlement and taking into account the attendant facts and circumstances of this case, this Court is of the considered opinion that the legal principles laid down by the Apex Court in the cases as in Gian Singh v. State of Punjab reported in 2013 (1) SCC (Cri) 160 = (2012) 10 SCC 303 and Narinder Singh and others v. State of Punjab and anr . reported in (2014) 6 SCC 466, more particularly paragraph 29 thereof, could be applied in this case to consider the prayer for quashment.

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Accordingly, it is ordered in the interest of justice that

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..5..

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Crl.M.C. No. 791 / 2019

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the impugned Anx.I FIR in Crime No.77/2019 of Perumbavoor Police Station, Ernakulam district, and all further proceedings arising therefrom pending against the accused persons will stand quashed. The petitioners will produce certified copies of this order before Investigating Officer concerned and the competent court below concerned. The office of the Advocate General will forward copy of this order to the Investigating Officer concerned for information.

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With these observations and directions, the Criminal Miscellaneous Case stands finally disposed of.

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Sd/-

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ALEXANDER THOMAS, JUDGE

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MMG

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Crl.M.C. No. 791 / 2019

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APPENDIX

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PETITIONERS' EXHIBITS:

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ANNEXURE I CERTIFIED COPY OF THE FIR IN CRIME NO.77/2019 OF PERUMBAVOOR POLICE STATION, ERNAKULAM DISTRICT.

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ANNEXURE II COPY OF THE AFFIDAVIT SWORN BY THE SECOND RESPONDENT. ANNEXURE III COPY OF THE AFFIDAVIT SWORN BY THE THIRD RESPONDENT.

Alias, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Alias, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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