Allowed

Adarsh v. Kerala State

Kerala HC16 Dec 2020Crl.MC/1388/2020

Case brief

AI extract

What is this about?

This Criminal Miscellaneous Case allowed the petitioners to quash proceedings in a criminal complaint for offences of voluntarily causing hurt, insult to a woman by words, acts, gestures, and riotous assembly. The court certified the settlement and held continuance of proceedings amounting to abuse of process.

What did the court decide?

The proceedings in C.C. No.27 of 2020 on the files of the Judicial First Class Magistrate Court, Chavara is quashed.

Adarsh Vs Kerala State — Quashing and FIR | Kerala HC (2020)

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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 V.G.ARUN

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WEDNESDAY, THE 16TH DAY OF DECEMBER 2020 / 25TH AGRAHAYANA, 1942

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Crl.MC.No.1388 OF 2020(C)

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AGAINST THE ORDER/JUDGMENT IN CC 27/2020 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVARA

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CRIME NO.1246/2019 OF Chavara Police Station , Kollam

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PETITIONERS/ACCUSED 1 - 4:

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1 ADARSH,

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AGED 26 YEARS, S/O. RAJAN, KOLLAPARAMBIL KIZHAKKATHIL, VADAKKUMTHALA P. O., CHAVARA.

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2 AMALDAS,

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AGED 26 YEARS, S/O. DEVADAS, KOTTAPURATHU VEEDU, VADAKKUMTHALA P. O., CHAVARA.

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3 RAJESH, AGED 27 YEARS,

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S/O. RAJAN, MADATHIL KIZHAKKATHIL, VADAKKUMTHALA P. O., CHAVARA.

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4 AKHIL, AGED 23 YEARS, S/O. MOHANAN, KURUPPINTAYYATHU, VADAKKUMTHALA KIZHAKKATHIL, VADAKKUMTHALA P. O., CHAVARA.

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BY ADV. SRI.ARUN BABU

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RESPONDENTS/COMPLAINANT – INJURED/STATE:

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1 KERALA STATE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA – 682 031.

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2 THE SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION, KOLLAM – 691 583.

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3 ARSHAD, AGED 30, S/O. ALIYARUKUNJU, KARALATHPADINJATTATHIL, VADAKKUMTHALA, CHAVARA – 691 583.

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Crl.MC.No.1388 OF 2020

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4 NAZAR, AGED 41, S/O. ALIYARUKUTTY, PARANMBIL VEEDU, VADAKKUMTHALA EAST MURI, KARUNAGAPALLY, KOLLAM – 690 518.

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R3 & R4 SRI. J. MUHAMMED AMEER SMT. SREEJA V., PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.1388 OF 2020

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ORDER

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Dated this the 16th day of December 2020

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Petitioners are the accused in Crime No.1246 of 2019 registered at the Chavara Police Station, Kollam for offences punishable under Sections 341, 323, 324, and 294 (b) read with Section 34 of the I.P.C, now pending as C.C. No.27 of 2020 on the files of the Judicial First Class Magistrate Court, Chavara. The defacto complainant and the other injured person are arrayed as respondents 3 and 4. Annexures – A2 and A3 affidavits have been filed by respondents 3 and 4 stating that the dispute, which led to registration of the crime, has been settled amicably and they have no subsis ting grievance in the matter.

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Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioners have no criminal antecedents.

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Having considered the gravity of the offences alleged, nature of the injury caused and having perused the

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Crl.MC.No.1388 OF 2020

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affidavit filed by respondents 3 and 4, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and that no public interest is involved in this matter. Moreover, in view of the settlement, possibility of the criminal proceedings ending in conviction is remote. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] and Gian Singh v. State of Punjab and another [(2012) 10 SCC 303], there is no impediment in granting the relief sought.

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In the result, this Crl.M.C is allowed. The proceedings in C.C. No.27 of 2020 on the files of the Judicial First Class Magistrate Court, Chavara is quashed.

Sd/-

V.G.ARUN JUDGE

SPR

Crl.MC.No.1388 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 THE CERTIFIED COPY OF THE CHARGE SHEET DATED 31.12.2019 LAID BY THE 2ND RESPONDENT IN CRIME NO.1246/2019 OF CHAVARA POLICE STATION BEFORE THE JFMC CHAVARA.

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ANNEXURE A2 THE AFFIDAVIT DATED 10.02.2020 EXECUTED BY THE 3RD RESPONDENT. ANNEXURE A3 THE AFFIDAVIT DATED 10.02.2020 EXECUTED BY THE 4TH RESPONDENT.

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RESPONDENT'S/S EXHIBITS: NIL.

Adarsh v. Kerala State

Case brief

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Adarsh v. Kerala State

Case brief

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