Allowed

G.R.Ajith, v. the State of Kerala

Kerala HC8 Jul 2020Crl.MC/2223/2020

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition filed by an accused to quash the Final Report (Annexure-2) in CC No. 1157/2017. The Court was satisfied with the notarized affidavit of the complainant stating that the dispute was amicably settled following the petitioner's apology.

What did the court decide?

Crl. M.C. No. 2223 of 2020 was allowed and Annexure-2 final report in CC No. 1157 of 2017 was quashed.

G.R.Ajith, Vs the State of Kerala — 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 T.V.ANILKUMAR

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WEDNESDAY, THE 08TH DAY OF JULY 2020 / 17TH ASHADHA, 1942

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Crl.MC.No.2223 OF 2020(G)

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AGAINST THE ORDER/JUDGMENT IN CC 1157/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III,TRIVANDRUM

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CRIME NO.937/2015 OF Museum Police Station , Thiruvananthapuram

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PETITIONER:

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G.R.AJITH, AGED 52 YEARS MELATTUPURATH HOUSE, NEAR ANIYAN LANE, KOWDIAR P.O., THIRUVANANTHAPURAM - 695003.

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BY ADV. SRI.N.ANAND

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RESPONDENTS:

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1 THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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2 THE STATION HOUSE OFFICER, MUSEUM POLICE STATION, THIRUVANANTHAPURAM.

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3 V.GOPALAKRISHNAN, S/O.VASUDEVA PANICKER, AGED 62 YEARS, MAKAYIRAM, MANNAYAM ROAD, PULIYARAKKONAM P.O., THIRUVANANTHAPURAM - 695 573.

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4 THE SUPERINTENDENT OF POLICE (HQ), CRIME BRANCH CID HEADQUARTERS, THIRUVANANTHAPURAM - 695 008.

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R3 BY ADV. SRI.A.L.NAVANEETH KRISHNAN

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OTHER PRESENT:

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SRI. BINEESH. E.C. (P.P.)

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.2223 OF 2020(G)

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Dated this the 8^th day of July, 2020.

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ORDER

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This is a petition filed by the sole accused in C.C. No. 1157 of 2017, on the file of Judicial First Class Magistrate-III, Thiruvanathapuram, seeking to quash Annexure-2 final report, laid against him for commission of offences punishable under Sections 447, 186 of the IPC and Section 117 (e) of the Kerala Police Act.

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The petitioner was the General Secretary of the Kerala Police Association and also CPO in City Traffic Police Station, Thiruvanathapuram. The allegation against him is that on 20.07.2015 at 12.30 pm, he criminally trespassed into the office room of the Police Training College where the 3^rd respondent, defacto complainant was seated and shouted to him deterring in pertinent

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manner his official duties.

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Crl.MC.No.2223 OF 2020(G)

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The final report is sought to be quashed on the ground that, both the parties after incident came to terms and amicably settled the differences between them. The 3^rd respondent filed an affidavit attested by the Notary Public swearing that, since the petitioner has apologised to him and the differences between them have been resolved, he has no subsisting grievance against the petitioner. He made it clear that he has no objection in the final report and the consequential proceedings in C.C. No. 1157/2017 being quashed at all.

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Heard the learned counsel for the petitioner and learned Public Prosecutor.

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It was submitted by the learned Public Prosecutor that, the statement of the defacto complainant could not be recorded pursuant to the directions issued by this Court, since he is at present in containment area declared in connection with tripple lock down in Thiruvanathapuram. I have no reason to doubt the

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Crl.MC.No.2223 OF 2020(G)

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genuineness of the affidavit, since it was notarized and further, the defacto complainant is a retired IPS Officer also. In the interest of justice, it is only fair to give effect to the settlement arrived at between parties and for that purpose, Annexure-2 final report is only to be quashed.

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In the result, this Crl. M.C is allowed and Annexure- 2, final report in C.C. No. 1157 of 2017 is hereby quashed.

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(Sd/-) T.V. ANILKUMAR, JUDGE

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LU/08.07.2020.

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Crl.MC.No.2223 OF 2020(G)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE I TRUE COPY OF FIR NO.0937 OF 2015 REGISTERED AT THE MUSEUM POLICE STATION, THIRUVANANTHAPURAM CITY.

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ANNEXURE II

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CERTIFIED COPY OF THE CHARGE SHEET IN CBCID CRIME NO.76/CR/HHW-I/TVPM/2015, CRIME NO.937/2015 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM.

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ANNEXURE III NOTARIZED AFFIDAVIT DATED 07/03/2020 EXECUTED BY RESPONDENT NO.3.

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// True Copy // PA To Judge

G.R.Ajith, v. the State of Kerala

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G.R.Ajith, v. the State of Kerala

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