Allowed

Harikumar @ Ambu v. State of Kerala

Kerala HC24 Mar 2021Crl.MC/1295/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition seeking quashing of criminal proceedings against accused Nos.3 and 6. The court quashed the proceedings citing acquittal of co-accused and a settled dispute where the complainant failed to identify the assailants, deeming further prosecution an abuse of process.

What did the court decide?

Criminal M.C. allowed; further proceedings in C.C.No.945/2018 on the file of JFMC, Kollam quashed.

Harikumar @ Ambu Vs State of Kerala — Quashing and FIR | Kerala HC (2021)

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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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WEDNESDAY, THE 24TH DAY OF MARCH 2021/3RD CHAITHRA, 1943

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Crl.M.C.No.1295 OF 2021(B)

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(TO QUASH FIR AND FINAL REPORT IN CRIME NO.1250/2012 OF KOLLAM WEST POLICE STATION AND PROCEEDINGS IN CC 945/2018 OF JFMC - III (TEMPORARY SPECIAL COURT), KOLLAM)

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PETITIONERS/ACCUSED NOS.3 & 6:

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1 HARIKUMAR @ AMBU, AGED 25 YEARS, S/O.VENU, PUTHETHU VADAKKATHIL, KOTTAKKAKAM WARD, KOLLAM WEST VILLAGE, KOLLAM DISTRICT, PIN-691 015. 2 PRADEEP KUMAR, AGED 32 YEARS, S/O.NARASIMHA PAI, PAZHANJI KIZHAKKATHIL, OKRA-122, PALACE WARD, THEVALLY, KOLLAM WEST VILLAGE, KOLLAM, PIN-691 015. BY ADVS. SRI.K.SIJU SMT.S.REKHA KUMARI SMT.S.SEETHA SMT.ANJANA KANNATH

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RESPONDENT/STATE & DE-FACTO COMPLAINANT:

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31.

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2 STATION HOUSE OFFICER, KOLLAM WEST POLICE STATION, KOLLAM DISTRICT, PIN-691 015. 3 NIYAS, AGED 39 YEARS, S/O.SHAMSUDEEN, SUDHI BHAVAN, MAMOODU CHERRY, NEAR CHERIYELA JUNCTION, KOTTAMKARA VILLAGE, KOLLAM DISRICT-691 005.

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R3 BY ADV. S.MOHAMMED AL RAFI SENIOR PUBLIC PROSECUTOR, SRI.C.S.HRITHWIK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.1295 OF 2021(B)

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ORDER

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The petitioners are accused Nos.3 and 6

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in Crime 1250/2012 of Kollam West Police

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Station, registered for offences under Section 143, 147, 341, 323, 294(b), 506(ii), 427 read with 149 of I.P.C.

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On filing of final report, cognizance was taken by the jurisdictional court and the case numbered as C.C.No.1214/2015. Accused

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Nos.1, 4, 5 and 7 in the crime faced trial

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and were acquitted by Annexure-3 judgment. As the petitioners failed to appear before the court, the case against them was split up and re-filed as C.C.No.945/2018.

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This Criminal M.C. is filed seeking

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to quash the proceedings against the

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petitioners on the strength of the judgment of acquittal rendered in the case of their

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Crl.M.C.No.1295 OF 2021(B)

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co-accused and the settlement arrived at

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between the petitioners and the de-facto complainant/injured, as evidenced by

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Annexure-4.

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especially paragraph Nos.12 – 15 therein, reveals that the de-facto complainant had

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failed to identify the accused and had

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stated that he was assaulted by a group of

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persons and that it is not possible for him to identify the assailants. This testimony of

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the de-facto complainant had resulted in the

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Public Prosecutor giving up the other witnesses and consequently, the court

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acquitting the accused. In such

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circumstances, further proceedings against

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the petitioners will only result in wastage of this Court's valuable time and will amount

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to an abuse of process, particularly when the parties have settled their dispute, as

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Crl.M.C.No.1295 OF 2021(B)

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revealed from Annexure-A4 affidavit.

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In the result, the Criminal M.C. Is

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allowed. Further proceedings in C.C.No.945/2018 on the file of the JFMC,

Kollam is quashed.

Sd/-

V.G.ARUN

JUDGE

Crl.M.C.No.1295 OF 2021(B)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE 1	CERTIFIED 1250/2012	COPY OF K	OF FIR OLLAM WE	WITH FIS IN CRIME NO ST POLICE STATION
ANNEXURE 2	CERTIFIED 1250/2012 DATED 8.12	COPY OF .201	OF FIN KOLLAM 2	AL REPORT IN CRIME NO WEST POLICE STATION
ANNEXURE 3	THE CERTI	FIED	COPY	OF JUDGMENT IN CC
	1214/2015 6.12.2018	OF	JFMC	-111, KOLLAM DATED
ANNEXURE 4	TRUE COPY RESPONDENT	OF DAT	AFFIDAV ED 27.2.	IT SWORN BY THE 3RD 2021.

Harikumar @ Ambu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Harikumar @ Ambu v. State of Kerala

Case brief

What is this about?

What did the court decide?

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