High Court of Kerala allowed a criminal miscellaneous petition to quash proceedings in C.C. 1234/2015. The court noted amicable settlement, no grievance, and lack of public interest, disregarding the investigating officer's stance on non-settlement. The petitioners were discharged.
Petition allowed; proceedings quashed; petitioners discharged.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 12TH DAY OF MARCH 2020 / 22ND PHALGUNA, 1941
Crl.MC.No.1316 OF 2020(D)
AGAINST THE ORDER/JUDGMENT IN CC 1234/2015 OF CHIEF JUDICIAL MAGISTRATE,TRIVANDRUM/SPECIAL COURT FOR TRIAL OF CYBER CRIME
CRIME NO.286/2014 OF Museum Police Station, Thiruvananthapuram
PETITIONERS/ACCUSED:
1 NIKHIL SADIK, AGED 26 YEARS, S/O. SADIK, LAILAS, KADAVATHUSSERY, PAZHAVEEDU P.O., ALAPPUZHA.
2 SIRIL P. SAM, AGED 24 YEARS, S/O. SAM K. ABRAHAM, PALANIKUNNATHIL HOUSE, MYLAPRA TOWN P.O., PATHANAMTHITTA.
3 GOKUL KRISHNA THAYYIL, AGED 24 YEARS, S/O. KRISHNA KUMAR, THAYYIL HOUSE, KATTACHIRA, PALLICKAL P.O., ALAPPUZHA.
4 FAIZAL KHAN A.S., AGED 25 YEARS, S/O. SALLY KHAN, SALIH VILLA, CHADAYAMANGALAM, KOLLAM.
6 AKHIL U.V., AGED 28 YEARS, S/O. UDAYAN, KODIYIL HOUSE, KODINADA, BALARAMAPURAM, THIRUVANANTHAPURAM.
BY ADVS.
SRI.S.K.ADHITHYAN SMT.KEERTHI S. JYOTHI
Crl.M.C.No.1316 of 2020
2
RESPONDENTS/STATE, COMPLAINANT & DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.
3 VISHNU SURESH, AGED 26 YEARS, S/O. SURESH, RESIDING AT VISHNU VILASOM, KULAKKOD, CHEMPOOR, MUDHAKKAL P.O., THIRUVANANTHAPURAM-695 103. R1-R2 BY SMT. V. SREEJA, PP R3 BY ADV. GOKUL D SUDHAKARAN
OTHER PRESENT:
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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O R D E R
Dated this the 12th day of March 2020
The petitioners are accused in C.C.No.1234/2015 on
the files of the Chief Judicial Magistrate's Court, Thiruvananthapuram, for having allegedly committed the offences punishable under Sections 143, 147, 148, 323, 324, 326, 294(b) and 506(i) read with Section 149 of I.P.C. The defacto complainant-injured is the 3rd respondent herein, who has appeared through a Counsel and also present in person. He has filed an affidavit stating that the matter has been amicably settled and
that he has no existing grievance against the petitioners. The injury sustained is not lifethreatening. The petitioners and defacto complainants were all students of Government Law College, Thiruvananthapuram and have solved their disputes due
to the intervention of the teachers and the Principal.
The investigating officer has filed a report,
through the learned Public Prosecutor, stating that the
defacto complainant is not willing to settle the
Crl.M.C.No.1316 of 2020
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dispute and therefore, the defacto complainant was
summoned to appear in person. He has admitted his
signature on Annexure III affidavit and stands by the solemn affirmation made in the affidavit. Under the
circumstances, I disregard the statement of the investigating officer. In the report, it is also stated that accused 1 and 4 have some criminal antecedents. But the offence under which those
criminal cases are initiated is not specified in the report. Therefore, I do not intend to give much importance to the same. There is no public interest involved.
In the result, the Crl.M.C. is allowed and the entire proceedings as against the petitioners in C.C.No.1234/2015 on the files of the Chief Judicial
Magistrate's Court, Thiruvananthapuram, stands quashed under Section 482 of Cr.P.C. and the petitioners are discharged.
Sd/-
ASHOK MENON
JUDGE
dkr
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APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE I | CERTIFIED | COPY OF | THE F.I.R. IN CRIME |
|---|---|---|---|
| NO.286/201 POLICE STA |
4 DATED TION. |
10.2.2014 OF MUSEUM | |
| ANNEXURE II | CERTIFIED | COPY OF | FINAL REPORT IN CRIME |
| NO.286/201 | 4 DATED 5. | 1.2015 OF MUSEUM POLICE | |
| STATION. | |||
| ANNEXURE III | AFFIDAVIT | OF THE 3RD | RESPONDENT. |
2 issues framed by the court
Whether criminal proceedings should be quashed under Section 482 of CrPC given the settlement and lack of public interest.
Whether the accused should be discharged from criminal charges.
1 provisions across 1 enactments
Nikhil Sadik
Siril P. Sam
Gokul Krishna Thayyil
Faizal Khan A.S.
Anwar Shah
Akhil U.V.
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
