Allowed

Manoj v. State of Kerala

Kerala HC2 Dec 2020Crl.MC/2147/2020

Case brief

AI extract

What is this about?

The Court quashed criminal proceedings against the petitioner, an accused in a case involving sections 143, 147, 148, 323, 324, and 326 of the IPC. The quashing was based on the settlement of the dispute by the complainant, the petitioner's lack of criminal antecedents, and the acquittal of co-accused.

What did the court decide?

The criminal miscellaneous case was allowed and the proceedings in C.C.No.1705/2018 before the Judicial First Class Magistrate Court-I, Attingal were quashed.

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

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4

WEDNESDAY, THE 02ND DAY OF DECEMBER 2020 / 11TH AGRAHAYANA, 1942

¶5

Crl.MC.No.2147 OF 2020(G)

¶6

AGAINST THE JUDGMENT IN CC 1705/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,ATTINGAL

¶7

CRIME NO.221/2008 OF Attingal Police Station , Thiruvananthapuram

¶8

PETITIONER/ACCUSED:

¶9

MANOJ AGED 38 YEARS S/O.THILAKAN,CHARUVILA PUTHEN VEEDU, NEAR MUSLIM MOSQUE,PERUMKULAM DESOM,KEEZHATTINGAL VILLAGE, THIRUVANANTHAPURAM.

¶10

BY ADV. SRI.LATHEESH SEBASTIAN

¶11

RESPONDENT/STATE AND COMPLAINANT:

¶12

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

¶13

2 STATION HOUSE OFFICER, ATTINGAL.P.O,THIRUVANANTHAPURAM-695101.

¶14

**3 AJESH, S/0 AJAYAKUMAR, AGED 30 YEARS VISHWA BHAVAN, VILAYILKADA, ALTHARAMOODU NAGAROOR VILLAGE, CHIRAYINKEEZHU TALUK THIRUVANANTHAPURAM 695 101 (ADDITIONAL R3 IS IMPLEADED AS PER ORDER IN CRL.M.A.NO.2/2020 DATED 02.12.2020)

¶15

R3 BY ADV. R.ARUN

¶16

OTHER PRESENT:

¶17

SR.PP.C.S.HRITHWIK

¶18

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶19

Crl.MC.No.2147 OF 2020(G) ..2..

¶20

ORDER

¶21

Dated this the 2nd day of December 2020

¶22

Petitioner is the accused in Crime No.221/2008 registered at the Attingal Police Station for offences punishable under Sections 143, 147, 148, 323, 324 and 326 r/w 149 of IPC, now pending as C.C.No.1705/2018 on the files of the Judicial First Class Magistrate Court-I, Attingal. The case was originally numbered as C.C.No.972/2008. As per Annexure-4 judgment, all accused except the petitioner were acquitted. The case against the petitioner was split up and re-numbered as C.C.No.1705/2018. The de facto complainant, at whose instance the crime was registered, is arrayed as the 3^rd respondent. Annexure-5 affidavit has been filed by 3^rd respondent stating that the reason for the incident, which led to registration of the crime, has

¶23

Crl.MC.No.2147 OF 2020(G) ..3..

¶24

been resolved amicably, and he has no subsisting grievance against the petitioner.

¶25

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

¶26

Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by the 3^rd respondent, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and no public interest is involved in this matter. Moreover, in view of the settlement and acquittal of other accused, 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

¶27

Crl.MC.No.2147 OF 2020(G) ..4..

¶28

SCC 582] and Gian Singh v. State of Punjab and another [(2012) 10 SCC 303], there is no impediment in granting the relief sought.

¶29

In the result, this Crl.M.C is allowed. The proceedings in C.C.No.1705/2018 on the files of the Judicial First Class Magistrate Court-I, Attingal is quashed.

¶30

SB/02/12/2020

¶31

Sd/V.G.ARUN JUDGE

¶32

Crl.MC.No.2147 OF 2020(G) ..5..

¶33

APPENDIX

¶34

PETITIONER'S/S EXHIBITS:

¶35

ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO.221/2008 OF ATTINGAL POLICE STATION

¶36

ANNEXURE A2 DEPOSITION OF THE PW1 IN C.C.NO.972/2008 OF JFMC-I,ATTINGAL ANNEXURE A3 DEPOSITION OF PW6 IN C.C.NO.972/2008 OF JFMC-I,ATTINGAL.

¶37

ANNEXURE A4 CERTIFIED COPY OF THE JUDGMENT DATED 25.9.2018 IN CC NO.972/2008 OF JFCMI ATTINGAL

¶38

ANNEXURE A5 AFFIDAVIT OF THE DE FACTO COMPLAINANT

¶39

//true copy// P.A to Judge

Manoj v. State of Kerala

Case brief

What is this about?

What did the court decide?

Manoj v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Ramachandran Vs State of Kerala

Renjith Vs State of Kerala

Saju@ John Philip Vs Usha Joseph

Vishnu Vs Rony Alexander

Prajeesh.P.Unnithan Vs Ratheesh

Ahammedunni Vs Abdulla