The High Court of Kerala quashed criminal proceedings pending against four petitioners as dispute has been settled amicably with respondents, no public interest is involved, and continuance of trial would amount to abuse of process of court.
Criminal proceedings in S.C.No.341/2018 on the files of Assistant Sessions Court, Koyilandy are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.MC.No.157 OF 2021(H)
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942
Crl.MC.No.157 OF 2021(H)
CRIME NO.372/2017 OF Perambra Police Station , Kozhikode
PETITIONERS:
1 ANAS T.P, AGED 24 YEARS S/O. T.P NASAR, THAYULLA PARAMBIL, CHENOLI P.O, KOZHIKODE DT 673 525
2 ASBEER P.K, AGED 27 YEARS S/O. AMMAD KOYA P.K, PATHOTT KANDI MEETHAL HOUSE, KARUVANNUR P.O, KOZHIKODE DT 673 614
3 MUNEER, AGED 30 YEARS S/O. IBRAHIM, ORONGAL MEETHA, NOCHAD P.O, NADUVANNUR, KOZHIKODE DT 673 614
4 RAMSHAD T, AGED 32 YEARS S/O. PAKKAR T, EDAVANTH KANDI MEETHAL, KARUVANNUR P.O, KOZHIKODE DT 673 614
BY ADV. SRI.M.MUHAMMED SHAFI
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 629 2031
2 PAMAL HASHMI, AGED 21 YEARS, S/O. VIJAYAN, OTHAYOTH HOUSE, VELLIYUR, PERAMBRA P.O, KOZHIKODE DISTRICT 673 526
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3 RAHUL, AGED 20 YEARS S/O. RAMADAS, PILAKUNNATH, NOCHAD P.O. KOZHIKODE DISTRICT 673 614
R2-3 BY ADV. SMT.T.RASINI SRI.C.S.HRITHWICK,SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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O R D E R
Dated this the 9th day of March 2021
Petitioners are the accused in Crime No.372/2017 registered at the Perambra Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 324 and 308 r/w 149 of IPC, now pending as S.C.No.341/2018 on the files of the Assistant Sessions Court, Koyilandy. The de facto complainant, at whose instance the crime was registered and the other injured person, are arrayed as the 2nd and 3rd respondents. Annexures A2 and A3 affidavits have been filed by 2nd and 3rd respondents stating that the dispute, which led to registration of the crime, has been settled amicably and that they have no subsisting grievance in the matter.
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that the 1st petitioner is the President of Town Youth League of Chenoli in Kozhikode District and in that capacity had participated in agitations and sallies, which is the reason for arraying him as an accused in the two crimes. Taking into consideration of the aforementioned submission, I am of the opinion that the involvement of the petitioners in other crimes of similar nature may not be a reason to deny the reliefs sought in this Crl.M.C, especially since the entire dispute is reported to have been resolved amicably.
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303], there is no impediment in granting the relief sought.
In the result, this Crl.M.C is allowed. The proceedings in
S.C.No.341/2018 on the files of the Assistant Sessions Court,
Koyilandy i s quashed.
Sd/-
V.G.ARUN
JUDGE
ab
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE CHARGE ALONG WITH FIR IN CRIME NO. 372 OF 2017 OF PERAMBRA POLICE STATION
ANNEXURE A2 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 17-03-2020 ANNEXURE A3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 17-03-2020
RESPONDENTSS ANNEXURES : NIL
2 issues framed by the court
Whether criminal proceedings should be quashed in view of an amicable settlement and absence of public interest.
Whether prior involvement of accused in other similar crimes precludes the grant of relief in the current case.
Colour shows how this judgement treated each authority
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Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] · Who else cites this
Gian Singh v. State of Punjab and anotherRelied on¶33
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ANAS T.P
ASBEER P.K
MUNEER
RAMSHAD T
STATE OF KERALA
PAMAL HASHMI
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
V.G.ARUN
Parties & counsel
