Allowed

Sambhu, v. State of Kerala

Kerala HC8 Oct 2020Crl.MC/783/2020

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the petition to quash criminal proceedings in C.C.No.77 of 2016. The court held that the dispute was amicably settled and no public interest existed, making continued proceedings an abuse of process.

What did the court decide?

The criminal proceedings in C.C.No.77 of 2016 pending on the files of the Judicial First Class Magistrate Court (Temporary), Paravoor are quashed.

Sambhu, 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 08TH DAY OF OCTOBER 2020 / 16TH ASWINA, 1942

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Crl.MC.No.783 OF 2020(G)

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CC 77/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS , PARAVOOR

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CRIME NO.1861/2013 OF Parippally Police Station , Kollam

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PETITIONER/S:

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1 SAMBHU, AGED 28 YEARS S/O.SALIM, SANDHYA NIVAS, KATTADIMUKKU, NAVALKULAM VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM.

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2 DARSHAN @ KANNAN, AGED 24 YEARS S/O.SUDARSAN, THEVARAMKODU VEEDU, NEAR KUNNATHU KAVU TEMPLE, KADAMPATTUKONAM, PARIPALLY VILLAGE, KOLLAM.

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3 GIREESH, AGED 25 YEARS S/O.RAVEENDHRA KURUP, RAVEENDRA VILASAM, NEAR KUNNATHU KAVU TEMPLE, KATTADIMUKKU, NAVAYIKULAM VILLAGE, THIRUVANANTHAPURAM.

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4 SARATH @ VISHNU, AGED 21 YEARS S/O.SASIDHARAN PILLAI, THIRUVONAM, NEAR BALAVAADI JUNCTION, KADAMBATTU KONAM, PARIPALLY VILLAGE, KOLLAM.

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5 RAHUL KRISHNAN @ PONNUNNI, AGED 24 YEARS S/O.RADHAKRISHNAN, RAHUL NIVAS, NEAR BALAVADI JUNCTION, KADAMBATU KONAM, PARIPALLY VILLAGE, KOLLAM.

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6 MAHESH, AGED 22 YEARS

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Crl.M.C.No. 783 of 2020

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S/O.JAYANANDHAN, KAITHARA THEKKETHIL VEEDU, KADAMBATTU KONAM, PARIPPALLY VILLAGE, KOLLAM.

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BY ADV. SRI.T.KABIL CHANDRAN

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY CIRCLE INSPECTOR, PARIPPALLY POLICE STATION, KOLLAM, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031.

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2 VISHNULAL, S/O.GANESHLAL, AGED 27 YEARS, VASU MANDIRAM, KATTADIMUKKU, NAVAIKULAM VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM - 695 301.

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R2 BY ADV. LENIN P. SUKUMARAN

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OTHER PRESENT:

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SR.PP.C.S.HRITHWIK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION

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ON 08.10.2020, THE COURT ON THE SAME DAY PASSED THE

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FOLLOWING:

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Crl.M.C.No. 783 of 2020

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ORDER

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Dated this the 08^th day of October , 2020

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Petitioners are the accused in Crime No.1861 of 2013 registered at the Parippally Police Station for offences punishable under Sections 143, 147, 148, 323 and 324 r/w 149 of IPC, now pending as C.C.No.77 of 2016 on the files of the Judicial First Class Magistrate Court (Temporary),

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Paravoor. The de facto complainant, at whose instance the crime was registered, is arrayed as the second respondent. Affidavit A3 has been filed

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by the second respondent stating that the dispute which led to registration of the crime, has been settled amicably and he has no subsisting grievance in the matter.

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2. Heard the learned Public Prosecutor also,

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who, on instructions, submits that the petitioners have no criminal antecedents.

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Crl.M.C.No. 783 of 2020

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3. Having considered the gravity of the

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offences alleged, nature of the injury caused and having perused the affidavit filed by the second respondent, the contents of which are submitted to be true and voluntary, I am 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

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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

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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. The proceedings in C.C.No.77 of 2016 on the files of

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Crl.M.C.No. 783 of 2020

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the Judicial First Class Magistrate Court (Temporary), Paravoor is quashed.

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sd/V.G.ARUN JUDGE

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Scl/08.10.2020

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Crl.M.C.No. 783 of 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO.1861/2013 OF PARIPALLY POLICE STATION. ANNEXURE A2 CERTIFIED COPY OF CHARGE SHEET IN CC 77/2016 PENDING ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT (TEMPORARY) PARAVOOR, KOLLAM. ANNEXURE A3 AFFIDAVIT FILED BY THE 2ND RESPONDENT.

Sambhu, v. State of Kerala

Case brief

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Sambhu, v. State of Kerala

Case brief

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