Allowed

Sajeev v. the State of Kerala

Kerala HC22 Jan 2020Crl.MC/601/2020

Case brief

AI extract

What is this about?

Special Criminal Leave to quash proceedings against petitioners accused under the Scheduled Castes and the Schedule Tribes (Prevention of Atrocities) Act, 1989 and IPC. The court was satisfied that the matter had been genuinely settled between the de facto complainant and the accused. Being a purely personal dispute, the court relied on Section 482 Cr.P.C to quash the proceedings.

What did the court decide?

The entire proceedings against the petitioners pending before the Special Court for SC/ST (POA) Act Cases, Kottarakkara, were quashed.

Sajeev Vs the State of Kerala — Caste Atrocities | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI

¶4

WEDNESDAY, THE 22ND DAY OF JANUARY 2020 / 2ND MAGHA, 1941

¶5

Crl.MC.No.601 OF 2020(E)

¶6

AGAINST THE ORDER/JUDGMENT IN RC 10/2017 OF SPECIAL COURTOFFENCES UNDER SC/ST (POA) ACT,1989,KOTTARAKKARA

¶7

CRIME NO.429/2017 OF Anchalummoodu Police Station , Kollam

¶8

PETITIONER/ACCUSED:

¶9

1 SAJEEV AGED 48 YEARS S/O.SATHYAPALAN, RESIDING AT KALAMPATTY VILA, VEEDU, PANAYAM VILLAGE, CHEMMAKKAD, KOLLAM.

¶10

2 SONAL SALIM, AGED 42 YEARS W/O.SAJEEV, RESIDING AT KALAMPATTY VILLA, VEEDU, PANAYAM VILLAGE, CHEMMAKKAD, KOLLAM.

¶11

BY ADVS. SRI.S.SREEKUMAR (KOLLAM) SRI.K.VIJAYAN (V 726)

¶12

RESPONDENTS/STATE AND DE FACTO COMPLAINANT:

¶13

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

¶14

2 THE ASSISTANT COMMISSIONER OF POLICE, DISTRICT CRIME BRANCH, KOLLAM CITY, KOLLAM, PIN691001.

¶15

3 GOPALAN, AGED 82 YEARS S/O.NEELAKANDAN, RESIDING AT KINATTAYYATH VEEDU, A.K.G.JUNCTION, CHEMMAKKAD CHERRY, PANAYAM VILLAGE, KOLLAM DISTRICT- 691601.

¶16

R3 BY ADV. K.K.JAYACHANDRA DAS R1 & R2 SRI C K PRASAD-PP

¶17

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶18

Crl.MC.No.601 OF 2020(E)

¶19

¶20

R. NARAYANA PISHARADI, J

¶21

Crl.M.C.No.601 of 2020

¶22

Dated this the 22^nd day of January, 2020

¶23

O R D E R

¶24

The petitioners are the accused in a case, which according to the petitioners, yet to be numbered and pending before the Special Court for SC/ST (POA) Act Cases, Kottarakkara.

¶25

As per the order dated 30.08.2019 in Crl.M.P No. 1238/2017 in R.C No. 10/2017, the learned Special Judge has taken cognizance of the offences punishable under Section 406 read with 34 IPC and Section 3(1)(v) of the Scheduled Castes and the Schedule Tribes (Prevention of Atrocities) Act, 1989 against the petitioners.

¶26

The Special Judge has taken cognizance of the offences against the petitioners on the basis of the complaint filed by the third respondent herein. It is submitted that the matter has been settled between the third respondent and the petitioners. Therefore, it is prayed that the proceedings against the petitioners before the Special Judge may be quashed.

¶27

Crl.MC.No.601 OF 2020(E)

¶28

¶29

Heard the learned counsel for the petitioners and also the third respondent.

¶30

I have perused the affidavit filed by the third respondent, who has entered appearance through counsel. It is stated in the affidavit filed by him that the matter has been settled between him and the petitioners and that he has got no complaint against the petitioners and that this Court may pass appropriate orders to quash the order passed by the learned Special Judge taking cognizance of the offences 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. In these circumstances, I find that the power of this Court under Section 482 Cr.P.C can be invoked to quash the proceedings against the petitioners in the case.

¶31

Consequently, the petition is allowed. The entire proceedings against the petitioners in the case pending before the Special Court for SC/ST (POA) Act Cases, Kottarakkara, based on Annexure-A4 order passed by the learned Special Judge, are hereby quashed.

¶32

Sd/-R. NARAYANA PISHARADI

¶33

JUDGE

¶34

lsn

¶35

Crl.MC.No.601 OF 2020(E)

¶36

¶37

APPENDIX

¶38

PETITIONER'S/S EXHIBITS:

¶39

ANNEXURE A1 THE CERTIFIED COPY OF THE FIR NO.429/2017 OF THE ANCHALUMOODU POLICE STATION. ANNEXURE A2 THE TRUE COPY OF THE REFER CHARGE SHEET DATED 15.07.2017 IN CRIME NO.429/2017 OF ANCHALUMOODU POLICE STATION. ANNEXURE A3 THE CERTIFIED COPY OF THE PROTEST COMPLAINT BEFORE THE HON'BLE SPECIAL COURT, KOTTARAKARA DATED 22.11.2017. ANNEXURE A4 CERTIFIED COPY OF THE ORDER IN CRL.M.P.NO.1238/2017 IN RC NO.10/2017 DATED 30.08.2019. ANNEXURE A5 THE AFFIDAVIT DATED 08.01.2020 SWORN BY THE 3RD RESPONDENT (DE-FACTO COMPLAINANT) BEFORE THIS HON'BLE COURT.

¶40

RESPONDENTS EXHIBITS: NIL

¶41

TRUE COPY

¶42

P.A TO JUDGE

¶43

LSN

Sajeev v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Sajeev v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shaju Jacob Vs M/S.Hdfc Bank Ltd.

The State of Kerala Vs Nazir Kalmatta

Sareena T.E., Vs State Ofkerala

James Peter, Vs State of Kerala

Salam Vs Mulamoottil Leasing and Hire Purchase Pvt. Ltd.

Mohammed Shahir Vs State of Kerala