Allowed

Aswath A.K. v. State of Kerala

Kerala HC1 Oct 2020Crl.MC/3802/2020

Case brief

AI extract

What is this about?

The court allowed the criminal miscellaneous petition and quashed the criminal proceedings pending before the Judicial First Class Magistrate Court, Parappanangadi. The decision was based on an affidavit from the aggrieved party stating that the dispute had been amicably settled, with no public interest involved in continuing the trial.

What did the court decide?

The criminal miscellaneous case Crl.M.C.No.3802 of 2020 is allowed and the proceedings in C.C.No.193 of 2018 on the files of the Judicial First Class Magistrate Court, Parappanangadi are quashed.

Aswath A.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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THURSDAY, THE 01ST DAY OF OCTOBER 2020 / 9TH ASWINA, 1942

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Crl.MC.No.3802 OF 2020(E)

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CC 193/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I, PARAPPANANGADI

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CRIME NO.06/2018 OF Thenhipalam Police Station , Malappuram

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PETITIONER/S:

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1 ASWATH A.K. AGED 23 YEARS

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S/O.ANANDAN T.T., KONGOD HOUSE, KUNNAMANGALAM VIA, CALICUT - 673 571.

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2 AMALKRISHNA T.K. AGED 22 YEARS S/O.KRISHNAN, THEKKEDATH (H), POTTA, CHALAKUDY, THRISSUR - 680 722.

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3 JAYAKRISHNAN J. AGED 22 YEARS S/O.JAYAN G.MENON, MANGAD (H), MALAPPILLY EAST P.O., PATHANAMTHITTA - 689 584.

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4 RILSON CHANDY AGED 22 YEARS S/O.CHANDY MATHEW, CHUTTIPARAYIL (H), MOOTHEDAM, NILAMBUR, MALAPPURAM - 679 331.

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5 AKSHAY K.MENON AGED 24 YEARS S/O.CHANDRAN K., KATHATTIL (H), VADAPURAM P.O., NILAMBUR, MALAPPURAM - 676 542.

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BY ADVS. SRI.S.JAYANT SRI.V.HARIKRISHNAN

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Crl.M.C.No.3802 of 2020

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RESPONDENT/S:

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

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2 NAVEEN KRISHNA AGED 23 YEARS RESIDING AT THALAKKATUHOUSE, CHITTANGOOR, KUNNAMKULAM, THRISSUR - 680 503.

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R2 BY ADV. VARGHESE SABU

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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 01.10.2020, THE COURT ON THE SAME DAY PASSED THE

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FOLLOWING:

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Crl.M.C.No.3802 of 2020

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ORDER

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Dated this the 01^st day of October , 2020

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Petitioners are the accused in Crime No.6 of 2018 registered at the Tenhipalam Police Station for offences punishable under Sections 143, 147,

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148, 341, 323, 324 and 506 (11) of IPC, now pending as C.C.No.193 of 2018 on the files of the Judicial First Class Magistrate Court, Parappangangadi. The de facto complainant, at whose instance the crime was registered, is arrayed as the second respondent. Annexure A2 affidavit has been filed by the second respondent stating that the dispute which led to registration of the crime, has been settled amicably and he has no subsisting grievance in the matter.

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2. Heard the learned Public Prosecutor also,

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who, on instructions, submits that the petitioners have no criminal antecedents.

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Crl.M.C.No.3802 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 the second respondent, the contents of which are submitted to be true and voluntary, I am satisfied that the

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matter has been amicably settled and that no public interest is involved in this matter. Moreover, in view of the settlement arrived at

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between the parties, there is no possibility of the criminal proceedings ending in conviction. As such, continuance of the proceedings will amount

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to an abuse of process of court and hence, in view

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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

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Crl.M.C.No.3802 of 2020

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proceedings in C.C.No.193 of 2018 on the files of the Judicial First Class Magistrate Court, Parappanangadi is quashed.

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Sd/V.G.ARUN JUDGE

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Scl/01.10.2020

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Crl.M.C.No.3802 of 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 TRUE COPY OF THE FINAL REPORT IN CRIME 6 OF 2018 OF TENHIPALAM POLICE STATION.

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ANNEXURE A2 THE AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT DATED 22/02/2020.

Aswath A.K. v. State of Kerala

Case brief

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Aswath A.K. v. State of Kerala

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