Allowed

Rajeev v. Ratheesh

Kerala HC14 Jan 2020Crl.MC/5871/2019

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a petition for quashing criminal proceedings initiated under Sections 143 to 148, 324, 308 read with 149 IPC and Section 3(2)(va) of the SC/ST Act. The Court held that since a genuine settlement was reached and the dispute was purely personal without public interest, the proceedings were quashed.

What did the court decide?

The entire proceedings against the petitioners in the case registered as Crime No.320/2019 of the Chittur Police Station are hereby quashed.

Rajeev Vs Ratheesh — Caste Atrocities | 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 R. NARAYANA PISHARADI

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TUESDAY, THE 14TH DAY OF JANUARY 2020 / 24TH POUSHA, 1941

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Crl.MC.No.5871 OF 2019(D)

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CRIME NO.320/2019 OF Chittur Police Station , Palakkad

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PETITIONERS/ACCUSED NOS.1 TO 8:

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1 RAJEEV

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AGED 21 YEARS S/O RAJAN, CHITTUR, PALAKKAD.

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2 SHAJU

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AGED 34 YEARS S/O. THANKAPPAN, CHITTUR, PALAKKAD.

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3 RAFEEQUE AGED 22 YEARS S/O. ASSIS, CHITTUR, PALAKKAD.

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4 RASHEED

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AGED 25 YEARS S/O. ASSIS, CHITTUR, PALAKKAD.

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5 RAJAN AGED 46 YEARS S/O. LATE KANDAN, CHITTUR, PALAKKAD.

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6 MUKUNDHAN

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AGED 22 YEARS S/O. MURUGAN, CHITTUR, PALAKKAD

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7 RAMESH AGED 24 YEARS S/O. LATE MANI, CHITTUR, PALAKAKD.

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8 AZEEZ

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AGED 52 YEARS S/O. MUTHU RAWTHER, CHITTUR, PALAKKAD

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BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)

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Crl.MC.No.5871 OF 2019

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RESPONDENTS/DEFACTO COMPLAINANT, CW2,CW3 AND STATE:

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1 RATHEESH AGED 30 YEARS

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S/O. MURUGAN, VAALPARAMBIL HOUSE, KENAMPULLY, CHITTUR, PALAKKAD-678 101.

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2 SATHEESH AGED 35 YEARS S/O. MURUGAN, KENAMPULLY, CHITTUR, PALAKKAD678 101.

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3 DEEPU AGED 27 YEARS S/O. JANARDHANAN, VAKKODE, CHITTUR, PALAKAKD678 101.

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4 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH

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COURT OF KERALA, ERAKULAM-682031.

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5 ANEESH

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AGED 32 YEARS S/O. VELUMANI, VAKKODE, KENAMPULLY, CHITTUR, PALAKKAD- 678101

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R1-3 BY ADV. V.SHYLAJA R4 BY GOVERNMENT PLEADER

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SRI B JAYASURYA-SR PP,SRI A T ANIL KUMAR -R5

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.01.2020, ALONG WITH Crl.MC.6291/2019(F), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.5871 OF 2019

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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 R. NARAYANA PISHARADI

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TUESDAY, THE 14TH DAY OF JANUARY 2020 / 24TH POUSHA, 1941

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Crl.MC.No.6291 OF 2019(F)

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CRIME NO.321/2019 OF Chittur Police Station , Palakkad

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PETITIONER/S:

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1 DEEPU J., AGED 27 YEARS S/O.JANANRDHANAN, VAKKOD, KENAMPULLY, CHITTOOR P.O., PALAKKAD, PIN - 678 101.

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2 SATHEESH M. @ SATHYAN, AGED 35 YEARS S/O.MURUGAN, KENANPULLY, CHITTOOR P.O., PALAKKAD, PIN - 678 101.

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3 RATHEESH M., AGED 30 YEARS S/O.VASUDEVAN K., KENANPULLY, CHITTOOR P.O., PALAKKAD, PIN - 678 101.

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4 SARATH, AGED 23 YEARS S/O.MOHANAN, KENAMPULLY, CHITTOOR, PALAKKAD, PIN - 678 101.

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5 MOHANAN, AGED 50 YEARS S/O.VELAPPAN, KENAMPULLY, CHITTOOR, PALAKKAD, PIN - 678 101.

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BY ADVS.

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SRI.A.T.ANILKUMAR SMT.V.SHYLAJA

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RESPONDENT/S:

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1 STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF

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Crl.MC.No.5871 OF 2019

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KERALA, ERNAKULAM - 682 031.

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2 SUB INSPECTOR OF POLICE, CHITOOR POLICE STATION, PALAKKAD - 678 101.

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3 RAJAN N., AGED 48 YEARS S/O.KANDAN, KARINJALIPALLAM, CHITTOOR P.O., PALAKKAD, PIN - 678 101.

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4 ADDL. R4.UDAYAN, S/O. MADHU, AGED 35 YEARS, RESIDING AT KARINJALLIPALM, CHITTUR, PALAKKAD, KERALA678101.

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5 ADDL. R5. RAHEED, S/O. ASSISS, AGED 25 YEARS, RESIDING AT KARINJALIPALLAM, CHITTUR, PALAKKAD, KERALA678101.

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6 ADDL. R6. SHAJU, S/O. THANKAPPAN, AGED 34 YEARS, RESIDING AT KARINJALIPALLAM, CHITTUR, PALAKKAD, KERALA678101.

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(ADDITIONAL R4 TO R6 ARE IMPLEADED AS PER ORDER DATED 14/01/2020 IN CRL.MA 2/19 IN CRL.MC 6291/2019)

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R3-4 BY ADV. V.A.JOHNSON (VARIKKAPPALLIL)

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 14.01.2020, ALONG WITH Crl.MC.5871/2019(D), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.5871 OF 2019

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ORDER

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This is a petition filed under Section 482 Cr.P.C for quashing the proceedings against the petitioners in the case registered as Crime No. 320/2019 of the Chittur Police station.

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The petitioners are accused 1 to 8 in the aforesaid case which is registered under Sections 143, 144, 147, 148, 324 and 308 read with 149 IPC and Section 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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3 . Respondents 1 to 3 and 5 are the victims of the offences allegedly committed by the petitioners. It is submitted that the matter has been settled between them and the petitioners. Therefore, it is prayed that the proceedings against the petitioners in the case may be quashed.

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4 . Heard learned counsel for the petitioners and the learned Public Prosecutor and also respondents 1 to 3 and 5.

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Crl.MC.No.5871 OF 2019

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5 . I have perused the separate affidavits filed by

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respondents 1 to 3 and 5, who have entered appearance through counsel. It is stated in their affidavits that the dispute between them and the petitioners has been settled and that they have got no objection to quash the proceedings against the petitioners. I am satisfied that the settlement arrived at between the parties is genuine. There is no element of public interest involved in the case. The dispute between the parties is purely personal in nature. Considering these aspects, I find that this is a fit case in which the power of this Court under Section

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482 Cr.P.C can be invoked to quash the proceedings against the petitioners.

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6 . Consequently, the petition is allowed. The entire proceedings against the petitioners in the case registered as Crime No.320/2019 of the Chittur police station are hereby quashed.

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Sd/-

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R. NARAYANA PISHARADI

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JUDGE

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sms

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Crl.MC.No.5871 OF 2019

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APPENDIX OF Crl.MC 5871/2019

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A TRUE COPY OF THE F.I.R IN CRIME NO.320/2019 OF CHITTOR POLICE STATION, PALAKKAD ALONG WITH F.I.STATEMENT.

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ANNEXURE B THE AFFIDAVIT SWORN BY THE IST RESPONDENT HEREIN EVIDENCING THE AFORESAID FACTUM OF SETTLEMENT.

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ANNEXURE C THE AFFIDAVIT SWORN BY THE IST RESPONDENT HEREIN EVIDENCING THE AFORESAID FACTUM OF SETTLEMENT.

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ANNEXURE D THE AFFIDAVIT SWORN BY THE IST RESPONDENT HEREIN EVIDENCING THE AFORESAID FACTUM OF SETTLEMENT.

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ANNEXURE E THE AFFIDAVI SWORN BY THE 5TH ADDL. RESPONDENT EVIDENCING THE FACTUM OF SETTLEMENT.

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Crl.MC.No.5871 OF 2019

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APPENDIX OF Crl.MC 6291/2019

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A THE CERTIFIED COPY OF F.I.STATEMENT. ANNEXURE A THE CERTIFIED COPY OF F.I. STATEMENT. ANNEXURE B THE CERTIFIED COPY OF FIR. ANNEXURE C THE ORIGINAL OF THE AFFIDAVIT SWORN BY THE RESPONDENT.

Rajeev v. Ratheesh

Case brief

What is this about?

What did the court decide?

Rajeev v. Ratheesh

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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Case details

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