Allowed

K.P.Narayanan, v. State of Kerala

Kerala HC2 Nov 2020Crl.MC/72/2020

Case brief

AI extract

What is this about?

This Criminal Miscellaneous Order addressed a petition for quashing criminal proceedings initiated under IPC Sections 341 and 326 following a dispute that had been amicably resolved. The court quashed the FIR and proceedings due to the settlement and absence of public interest.

What did the court decide?

The Criminal Misc. Case was allowed and the FIR (Annexure-A1) and proceedings in Crime No.758/2019 were quashed.

K.P.Narayanan, 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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MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942

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Crl.MC.No.72 OF 2020(H)

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CRIME NO.758/2019 OF Kunnamangalam Police Station , Kozhikode

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PETITIONER:

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K.P.NARAYANAN, AGED 59 YEARS

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S/O.KRISHNANKUTTY NAIR, RESIDING AT KALLILPURATH HOUSE, P O MALAYAMMA, VIA NIT, KOZHIKODE-673601.

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BY ADVS.

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SRI.V.V.SURENDRAN SRI.P.A.HARISH

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RESPONDENT/COMPLAINANT AND STATE:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.

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2 THE STATION HOUSE OFFICER, KUNNAMANGALAM POLICE STATION, KUNNAMANGALAM, KOZHIKODE-673571.

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3 UMMER,

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S/O. MOHAMMED HAJI, RESIDING AT ALIPPARAMBATH HOUSE, P O MALAYAMMA, VIA NIT, KOZHIKODE -673601.

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R3 BY ADV. RESMI NANDANAN

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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 02.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.72 OF 2020 ..2..

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O R D E R

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Dated this the 02nd day of November 2020

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Petitioner is the accused in Crime No.758/2019

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registered at the Kunnamangalam Police Station for offences punishable under Sections 341 and 326 of IPC. The de facto complainant, at whose instance the crime was registered, is arrayed as the 3^rd respondent. Annexure-A2 affidavit has been filed by 3^rd 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

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grievance against the petitioners.

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Heard the learned Public Prosecutor also, who, on instructions, submits that the incident was the offshoot of a civil dispute and 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 3^rd respondent, the

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Crl.MC.No.72 OF 2020 ..3..

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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 in granting the relief sought.

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In the result, this Crl.M.C is allowed. AnnexureA1 FIR and the proceedings in Crime No.758/2019 registered at the Kunnamangalam Police Station is quashed.

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SB/02/11/2020

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Sd/V.G.ARUN JUDGE

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Crl.MC.No.72 OF 2020 ..4..

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 CERTIFIED COPY OF THE FIR REGISTERED BY THE POLICE ALONG WITH THE COMPLAINT FILED BY THE 3RD RESPONDENT.

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ANNEXURE A2 ORIGINAL AFFIDAVIT FILED BY THE 3RD RESPONDENT DATED 4.1.2020.

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//true copy// P.A to Judge

K.P.Narayanan, v. State of Kerala

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K.P.Narayanan, v. State of Kerala

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