Allowed

Jishnu v. State of Kerala

Kerala HC1 Nov 2021Crl.MC/1572/2021

Case brief

AI extract

What is this about?

Criminal Miscellaneous Case allowing quashing of proceedings in a private dispute over property damage where parties have amicably settled the matter. The court held continued prosecution would be an abuse of process.

What did the court decide?

Criminal proceedings in C.C. No. 155/2018 pending before the Judicial First Class Magistrate Court-I, Hosdurg, arising out of Crime No. 841/2017, are hereby quashed.

Jishnu 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 MRS. JUSTICE M.R.ANITHA

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MONDAY, THE 1^ST DAY OF NOVEMBER 2021 / 10TH KARTHIKA, 1943

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CRL.MC NO. 1572 OF 2021

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(CRIME NO.841 OF 2017 OF HOSDURG POLICE STATION, KASARAGOD DISTRICT, NOW PENDING AS CC 155/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I,HOSDRUG, KASARGOD

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PETITIONERS/ACCUSED:

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1 JISHNU AGED 24 YEARS S/O. NARAYANAN, VALIYA VEEDU HOUSE, KAKKAD, BANKALAM, MADIKAI, KASARGOD DISTRICT 671 531.

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2 AKHIL, AGED 26 YEARS

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S/O. JANARDHANAN, VETTAMMAL HOUSE, CHALAKKADAVU, MADIKAI, KASARAGOD DISTRICT 671 531.

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3 MUHAMMED ANEEZ, AGED 22 YEARS

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S/O. ISMAIL, AMEER MANZIL, MUMBODI, UPPALA, KASARAGOD DISTRICT 671 531.

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4 VISHAKH M.V, AGED 24 YEARS S/O. VISWANATHAN V, MOODEN HOUSE, KANATHUR P.O. MOOLIYAR, KASARAGOD DISTRICT 671 531.

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5 DEEPAK T, AGED 24 YEARS S/O. BHARATHAN V , THENGAMATH HOUSE, THAIKKEEL, ELAMBACHI, TRIKKARIPPUR, KASARAGOD 671 310.

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6 AKHIL M., AGED 25 YEARS S/O. THAMBAN, NELLIKKAT HOUSE, NELLIKKAT, BALLA VILLAGE, KASARAGOD 671 531. BY ADV P.K.SUBHASH

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Cr.M.C.No.1572 of 2021

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RESPONDENTS/STATE/COMPLAINANT:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.

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2 DR. P.V. PUSHPAJA AGED 58 YEARS W/O. VIJAYAN, EX PRINCIPAL OF NEHRU ARTS AND SCIENCE COLLEGE PADANNAKKAD, RESIDING A T USHAS, POLLAPOIL, KODAKKAD P.O. HOSDURG TALUK, PADANNAKKADU, KANHANGAD, KASARAGOD DISTRICT 671 531. BY ADV S.ANU

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PP. SANGEETHARAJ.N.R

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Cr.M.C.No.1572 of 2021

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ORDER

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Dated this the 1^st day of November, 2021

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This Crl.M.C. has been filed seeking to quash entire further proceedings against the petitioners in C.C. No. 155/2018 pending before the Judicial First Class Magistrate Court-I, Hosdurg, which arise out of Crime No.841/2017 of Hosdurg Police Station, alleging offence punishable under Sections 143, 147, 448, 427, r/w Section 149 of IPC.

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Petitioners are the accused Nos.1 to 6 in the above crime. 2^nd respondent is the defacto complainant, who is the Ex Principle of the institution where the petitioners were studying.

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It is alleged that on 07.8.2017 at about 12.00 hours accused trespassed into the veranda of Nehru Arts and Science College Kanhanhad and destroyed the CCTV camera fixed and cause damaged to the tune of Rs.5800/-.

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Petitioners have amicably settled the entire issues

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with the defacto complainant.

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Cr.M.C.No.1572 of 2021

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Annexure-AI is the certified copy of the FIR. Annexure-AII is the certified copy of the final report. Annexure-AIII is the affidavit duly sworn in by the defacto complainant/2^nd respondent.

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Adv.Smt.S.Anu, appeared on behalf of the defacto complainant and filed affidavit of the defacto complainant/3rd respondent .

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The learned Public Prosecutor produced the copy of the statement of the facts submitted by the Inspector of Police. In which it has been categorically stated that the defacto complainant Dr.P.V.Pushpaja, who is the former principle of the Nehru Arts and Science College, Padannakkad, is willing to settle the matter. The learned Public Prosecutor would submit that the defacto complainant contacted over phone and she is agreeable for settlement of the case with the petitioners.

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So, the entire issues between the petitioners and the defacto complainant have been amicably settled out of court. The entire issues between the parties are purely private

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Cr.M.C.No.1572 of 2021

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in nature and no public interest is involved. So, the continuation of the proceedings against the petitioners will not serve any useful purpose and it will be an abuse of process of court. So, I do not find any impediment in quashing the proceedings against the petitioners in the above crime.

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In the result, Crl.M.C. allowed and all further proceedings against the petitioners in C.C. No. 155/2018 pending before the Judicial First Class Magistrate Court-I, Hosdurg, which arise out of Crime No.841/2017 of Hosdurg Police Station, is hereby quashed.

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Hence, the Crl.M.C. allowed as above.

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Sd/M.R.ANITHA JUDGE

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SMF

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Cr.M.C.No.1572 of 2021

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APPENDIX OF CRL.MC 1572/2021

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PETITIONERs' ANNEXURE ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO. 841 OF 2017 OF HOSDURG POLICE STATION. ANNEXURE AII CERTIFIED COPY OF THE FINAL REPORT. ANNEXURE A III A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE RESPONDENT NO.2 ENDORSING THE FACTUM OF COMPOUNDING OF THE SAID OFFENCE AND THE SETTLEMENT OF THE DISPUTES.

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//TRUE COPY//

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PA TO JUDGE

Jishnu v. State of Kerala

Case brief

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Jishnu v. State of Kerala

Case brief

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