Allowed

Aswin K. v. State of Kerala

Kerala HC12 Oct 2020Crl.MC/3366/2020

Case brief

AI extract

What is this about?

High Court of Kerala, in a criminal miscellaneous petition filed by accused persons, examined a request to quash criminal proceedings based on an amicable settlement between injured parties. The court, noting no public interest and the accused's lack of antecedents, allowed the petition and quashed the proceedings.

What did the court decide?

Petition allowed; criminal proceedings in C.C.No.169 of 2020 quashed.

Aswin K. Vs 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 V.G.ARUN

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MONDAY, THE 12TH DAY OF OCTOBER 2020 / 20TH ASWINA, 1942

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Crl.MC.No.3366 OF 2020(A)

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CC 169/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS, TALIPARAMBA

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CRIME NO.1177/2019 OF Thaliparamba Police Station, Kannur

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PETITIONER/S:

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1 ASWIN K. AGED 22 YEARS S/O.RAMESHAN.K., ANJANAM HOUSE, NEAR SUBRAMANYAN KOVIL, ORCHA, THAIKKADAPPURAM.P.O., NILESHWAR, KASARAGOD DISTRICT.

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2 ATHULNATH.R.S. AGED 22 YEARS S/O.RAGHUNATHAN.K., R/AT 'AVANI', MANAYATH MEETHAL, MEDICAL COLLEGE.P.O., KOZHIKODE DISTRICT.

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3 RETHULRAJ.K. AGED 22 YEARS S/O.RAJEEV.K.V., R/AT SAJINA NIVAS, CHATHODAM BHAGAM, DHARMADAM.P.O., KANNUR DISTRICT.

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4 SUBAIR MUJEEB AGED 22 YEARS S/O.MUJEEB.M., AHAMMED MAHAL, EDAT, PAYYANNUR, KANNUR DISTRICT.

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BY ADV. SRI.A.ARUNKUMAR

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RESPONDENT/S:

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

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Crl.M.C.No.3366 of 2020

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2 SANAL.T.K, AGED 21 YEARS, S/O.NARAYANAN, R/AT VAYAKKODAM HOUSE,MANDOOR, PILATHARA, CHERUTHAZHAM, TALIPARAMBA TALUK, KANNUR DISTRICT.

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3 NIVED RAJAN, AGED 21 YEARS, S/O.RAJAN, R/AT NEELANJANAM, NEAR PANCHAYATH OFFICE, PAPPINISSERY, TALIPARAMBA TALUK, KANNUR DISTRICT.

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4 KIRAN.K., AGED 21 YEARS, S/O.MANOJ, R/AT KOVVAL HOUSE, PARASSINIKKADAVU, TALIPARAMBA TALUK, KANNUR DISTRICT.

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OTHER PRESENT:

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SR.PP.AMJAD ALI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.3366 of 2020

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ORDER

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Dated this the 12^th day of October , 2020

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Petitioners are the accused in Crime No.1177 of 2019 registered at the Taliparamba Police Station for offences punishable under Sections 341, 323, 324 r/w 34 of IPC, now pending as C.C.No.169 of 2020 on the files of the Judicial First Class Magistrate Court, Thaliparamba. The de

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facto complainant, at whose instance the crime was registered and the other injured persons, are arrayed as respondents 2 to 4. Annexure AII to AIV affidavits have been filed by respondents 2 to

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4 stating that the incident, which led to registration of the crime, has been settled amicably and they have no subsisting grievance in the matter.

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

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Crl.M.C.No.3366 of 2020

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3. Having considered the gravity of the

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offences alleged, nature of the injury caused and having perused the affidavit filed by respondents 2 to 4, the contents of which are submitted to be true and voluntary, I am satisfied that the matter has been amicably 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

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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.

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In the result, this Crl.M.C is allowed. The proceedings in C.C.No.169 of 2020 on the files of

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Crl.M.C.No.3366 of 2020

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the Judicial First Class Magistrate Court, Thaliparamba, is quashed.

sd/-

V.G.ARUN JUDGE

Scl/12.10.2020

Crl.M.C.No.3366 of 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE AI CERTIFIED COPY OF THE FIR IN CRIME NO.1177 OF 2019 OF THALIPARAMBA POLICE STATION, KANNUR. ANNEXURE AII AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT. ANNEXURE AIII AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT. ANNEXURE AIV AFFIDAVIT SWORN TO BY THE 4TH RESPONDENT. ANNEXURE AV CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1177 OF 2019 OF THALIPARAMBA POLICE STATION, KANNUR

Aswin K. v. State of Kerala

Case brief

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Aswin K. v. State of Kerala

Case brief

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