Allowed

Ashik v. State of Kerala

Kerala HC27 Nov 2020Crl.MC/4036/2020

Case brief

AI extract

What is this about?

This High Court allowed a criminal miscellaneous petition seeking to quash criminal proceedings pending before a Magistrate Court. The court accepted the settlement affidavit filed by the de facto complainant, found no public interest involved, and relied on Supreme Court precedents to order the quashment.

What did the court decide?

The Criminal Miscellaneous Case was allowed and the proceedings in CC No.253/2017 were quashed.

Ashik 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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FRIDAY, THE 27TH DAY OF NOVEMBER 2020 / 6TH AGRAHAYANA, 1942

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Crl.MC.No.4036 OF 2020(D)

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AGAINST THE ORDER IN CC 253/2017 OF JMFC, KALAMASSERY

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CRIME NO.299/2017 OF Kalamassery Police Station , Ernakulam

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PETITIONER/ACCUSED NOS. 1 TO 4:

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1 ASHIK

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AGED 22 YEARS S/O.ASHOKAN, THIRUKOZHILATHU HOUSE, NEAR THATTOCHIKKARA U.P.SCHOOL, ERAMALA VILLAGE, VADAKARA TALUK, KOZHIKODE DISTRICT.

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2 JISHNU K. AGED 23 YEARS S/O.MANIKANDAN, KIRSHNASREE HOUSE, NEAR MARY MATHS SCHOOL, CHERUTHAZHAM VILLAGE, PERIYAD EAST, KANNUR DISTRICT.

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3 MIDHILAJ AGED 22 YEARS S/O.ALI, THEEYYALKANDI HOUSE, NEAR NADUVANNUR GOVERNMENT HIGH SCHOOL, NADUVANNUR VILLAGE, KOZHIKODE DISTRICT.

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4 JISHNU K.K. AGED 23 YEARS S/O.MOHANAN, KUTTIYATTU KARUTHATTIL HOUSE, NEDIYODIKKARA, PADIYOOR VILLAGE, KANNUR DISTRICT.

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BY ADV. SHRI.ASADU AHMMED CHULLINTE

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RESPONDENT/STATE AND CW1:

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

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2 SUVEK JOE JOSEPH AGED 25 YEARS, S/O.CLARA B., PSRA-101 THIRUMULLAVARAM, P.O.KOLLAM, KERALA - 691 012.

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R2 BY ADV. SHRI.THAREEQ ANVER

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Crl.MC.No.4036 OF 2020(D) ..2..

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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 27.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.4036 OF 2020(D) ..3..

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ORDER

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Dated this the 27th day of November 2020

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Petitioners are the accused in Crime No.299/2017 registered at the Kalamassery Police Station for offences punishable under Sections 447, 341, 323, 324, 506(i) and 294(b) r/w 34 of IPC, now pending as C.C.No.253/2017 on the file of the Judicial First Class Magistrate Court, Kalamassery. The de facto complainant, at whose instance the crime was registered, is arrayed as the 2^nd respondent. AnnexureA2 affidavit has been filed by 2^nd respondent stating that the dispute, which was the reason for the incident and registration of the crime, has been resolved amicably and he has no subsisting grievance against the petitioners.

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Crl.MC.No.4036 OF 2020(D) ..4..

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Heard the learned Public Prosecutor also, who,

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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 affidavit filed by the 2^nd 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, 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

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Crl.MC.No.4036 OF 2020(D) ..5..

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in granting the relief sought.

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In the result, this Crl.M.C is allowed. The proceedings in C.C.No.253/2017 on the file of the Judicial First Class Magistrate Court, Kalamassery is quashed.

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SB/27/11/2020

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Sd/V.G.ARUN JUDGE

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Crl.MC.No.4036 OF 2020(D) ..6..

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT DATED 3/3/207 IN CRIME NO.299/2017 OF KALAMASSERY POLICE STATION, ERNAKULAM DISTRICT WHICH IS PENDING BEFORE JUDICIAL FIRST CLASS MAGISTRATE KALAMASSERY AS C.C.253/2017.

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ANNEXURE A2 ORIGINAL OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT. ANNEXURE A3 CERTIFIED COPY OF FIRST INFORMATION REPORT IN CRIME NO.299/2017 DATED 8/02/2017.

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//true copy// P.A to Judge

Ashik v. State of Kerala

Case brief

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Ashik v. State of Kerala

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