Allowed

Johny v. State of Kerala

Kerala HC3 Dec 2020Crl.MC/4452/2020

Case brief

AI extract

What is this about?

In this criminal miscellaneous case, the High Court of Kerala quashed criminal proceedings pending against the petitioners as accused. The court found that the dispute leading to the case had been settled amicably and no public interest was involved, allowing the respondents to continue with the criminal trial.

What did the court decide?

The criminal miscellaneous case is allowed, and the proceedings in C.C. No.1079/2019 are quashed.

Johny 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 03RD DAY OF DECEMBER 2020 / 12TH AGRAHAYANA, 1942

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Crl.MC.No.4452 OF 2020(F)

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AGAINST THE ORDER/JUDGMENT IN CC 1079/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, CHALAKUDY

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CRIME NO.502/2019 OF Vellikulangara Police Station , Thrissur

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PETITIONERS/ACCUSED:

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1 JOHNY

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AGED 63 YEARS

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S/O. LONAPPAN PALLISSERY HOUSE, PONAMBIYOLLI DESOM, KUTTICHIRA VILLAGE, THRISSUR DISTRICT 680 724.

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2 DANTY, AGED 48 YEARS

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S/O. OUSEPH, MADONA HOUSE, PONAMBIYOLLI DESOM, KUTTICHIRA VILLAGE THRISSUR DISTRICT 680 724.

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3 VARGHESE KANNAMBILLY, AGED 44 YEARS S/O. KARIYAPPAN, KANNAMBILLY HOUSE, PONNAMBIYOLI DESOM, KUTTICHIRA VILLAGE, THRISUSUR DISTRICT 680 724.

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4 JOY AGED 50 YEARS

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S/O. LONAPPAN, KOOTTATY HOUSE, PONNAMBIYOLI DESOM, KUTTICHIRA VILLAGE, THRISSUR DISTRICT 680 724.

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5 SHAIJU, AGED 46 YEARS S/O. VAREETH, CHAKYETH MOOD HOUSE, PONAMBIYOLLI DESOM, KUTTICHIRA VILLAGE, THRISSUR DISTRICT 680 724.

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6 C.P. ESTHAPAN, AGED 66 YEARS S/O. PAPPU, CHAKYETH MOOD HOUSE, PONAMBIYOLLI DESOM, KUTTICHIRA VILLAGE, THRISSUR DISTRICT 680 724.

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7 BENNY, AGED 30 YEARS S/O. THOMAS, KANJOOTHARA HOUSE,

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Crl.MC.No.4452 OF 2020(F)

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PONAMBIYOLLI DESOM, KUTTICHIRA VILLAGE, THRISSUR DISTRICT 680 724.

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8 SHARATH LAL, AGED 31 YEARS S/O. SASI, KODUVALLAPIL HOUSE, PONAMBIYOLLI DESOM, KUTTICHIRA VILLAGE, THRISSUR DISTRICT 680 724.

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9 SHIBU, AGED 47 YEARS S/O. OUSEPH,CHAKYETH MOOD HOUSE, PONAMBIYOLLI DESOM, KUTTICHIRA VILLAGE, THRISSUR DISTRICT 680 724.

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10 JOY, AGED 61 YEARS S/O. KOCHU VARKEY, PARIYADEN HOSUE, PONAMBIYOLLI DESOM, KUTTICHIRA VILLAGE, THRISSUR DISTRICT 680 724.

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11 ANTU, AGED 54 YEARS S/O. DEVASSY, KOOTATY HOUSE, PONAMBIYOLLI DESOM, KUTTICHIRA VILLAGE, THRISSUR DISTRICT 680 724.

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BY ADV. SRI.RAPHAEL THEKKAN

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RESPONDENTS/STATE, DEFACTO COMPLAINANT:

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1 STATE OF KERALA

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REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM KOCHI 682 031.

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2 STATION HOUSE OFFICER, VELLIKULANGARA POLICE STATION, THRISSUR 680 684.

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3 SAJEEV T.V.,AGED 48 YEARS S/O. VASU, THOPPIL HOUSE, CHAIPPANKUZHY, KUTTICHIRA VILLAGE, THRISSUR DISTRICT 680 724.

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R3 BY ADV. JITHIN BABU A

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R1 & R2 SR.PP.AMJAD ALI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.4452 OF 2020(F)

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ORDER

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Dated this the 3rd day of December 2020

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Petitioners are the accused in Crime No.502/2019

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registered at the Vellikulangara Police Station for offences punishable under Sections 143, 147, 341, 506 (I) r/w 149 of IPC, now pending as C.C.No.1079/2019

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on the files of the Judicial First Class Magistrate Court, Chalakudy. The de facto complainant, at whose instance the crime was registered, is arrayed as the 3^rd respondent. Annexure A3 affidavit has been filed by 3^rd respondent stating that the dispute, which led to registration of the crime, has been settled amicably and that he has no subsisting grievance in the matter.

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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

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alleged, nature of the injury caused and having perused the affidavit filed by the 3^rd respondent, the contents

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of which are submitted to be true and voluntary, I am

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Crl.MC.No.4452 OF 2020(F)

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satisfied that the dispute is 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 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)

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10 SCC 303], there is no impediment in granting the relief sought.

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In the result, this Crl.M.C is allowed. The

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proceedings in C.C.No.1079/2019 on the files of the Judicial First Class Magistrate Court, Chalakudy, is quashed.

Sd/-

V.G.ARUN

JUDGE

hmh

Crl.MC.No.4452 OF 2020(F)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE AI TRUE COPY OF THE FIR IN CRIME NO. 502/2019 DATED 16/09/2019 OF VELLIKULANGARA POLICE STATION, THRISSUR DISTRICT.

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ANNEXURE A2 TRUE COPY OF THE FINAL REPORT IN CRIME NO. 502/2019 DATED 29/09/2019 PENDING AS C.C. NO. 1079/2019 BEFORE THE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE, COURT, CHALAKUDY.

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ANNEXURE A3 TRUE COPY ORIGINAL OF THE AFFIDAVIT SWORN AND SIGNED BY THE 3RD RESPONDENT DATED 07/07/2020.

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RESPONDENT'S/S EXHIBITS: NIL

Johny v. State of Kerala

Case brief

What is this about?

What did the court decide?

Johny v. State of Kerala

Case brief

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