Dismissed

Vishnu K.B v. State of Kerala

Kerala HC1 Mar 2021Crl.MC/179/2021

Case brief

AI extract

What is this about?

Petitioner, a third accused in a group crime under IPC, sought quashal of proceedings based on a settlement by injured parties absolving him. The Division Bench dismissed the petition, holding quashal cannot be piecemeal in serious cases, though settlement is a valid ground for discharge at the trial stage.

What did the court decide?

Petition dismissed; liberty reserved to file application for discharge in the trial court stating settlement as a ground.

Vishnu K.B Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4

MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942

¶5

Crl.MC.No.179 OF 2021(B)

¶6

AGAINST THE ORDER/JUDGMENT IN CP 60/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,KUNNAMKULAM

¶7

CRIME NO.486/2018 OF KUNNAMKULAM POLICE STATION, THRISSUR

¶8

PETITIONER/3RD ACCUSED:

¶9

VISHNU K.B AGED 24 YEARS S/O. BALAKRISHNAN, RESIDING AT KANDANKULANGARA VEEDU, PAZHUNNANA DESOM, CHEMMAMTHITTA VILLAGE, KUNNAMKULAM THRISSUR

¶10

BY ADVS.

¶11

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

¶12

RESPONDENTS/STATE & COMPLAINANTS:

¶13

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

¶14

2 THE STATION HOUSE OFFICER, KUNNAMKULAM 680 503

¶15

3 SHARATH, S/O. PREMAN, RESIDING AT THANDASHERIL HOUSE, PAZHUNNANA DESOM, CHEMMAMTHITTA VILLAGE, KUNNAMKULAM, THRISSUR 680 501

¶16

4 ARJUN S/O. KRISHNAN, RESIDING AT KOTTARAPATTIL HOUSE, PAZHUNNANA DESOM, CHEMMAMTHITTA VILLAGE, KUNNAMKULAM, THRISSUR 680 501

¶17

R3 BY ADV. M.V.BHANUPRAKESH R3-4 BY ADV. SMT.RESMI NANDANAN R4 BY ADV. M.V.BHANUPRAKASH

¶18

OTHER PRESENT:

¶19

SR.PP.C.S.HRITHWIK

¶20

CRL.M.C.NO.179 OF 2021

¶21

¶22

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶23

CRL.M.C.NO.179 OF 2021

¶24

¶25

O R D E R

¶26

Dated this the 1^st day of March 2021

¶27

The petitioner, who is the third accused in Crime

¶28

No.486/2018 of Kunnamkulam Police Station registered for offences punishable under Sections 143, 147, 148, 341, 323, 324, 326 & 308 read with Section 149 of I.P.C., presently pending as C.C.No. 60/2020 on the files of the Judicial First Class Magistrate Court, Kunnamkulam, seeks to quash the criminal proceedings against him on the strength of the settlement arrived at with the defacto complainants/injured. The defacto complainants/ injured arrayed as the 3^rd and 4^th respondents have filed affidavits to the effect that they were not assaulted by the petitioner and no overt-act was committed by him.

¶29

I am not inclined to quash the proceedings in a piecemeal manner, especially in cases involving serious offences. At best, the factum of settlement

¶30

CRL.M.C.NO.179 OF 2021

¶31

¶32

can be raised as a ground for discharge before the jurisdictional court.

¶33

In the result, the Criminal Miscellaneous Case is dismissed, reserving the petitioner's liberty to move the trial court with an application for discharge, raising all contentions, including those raised in this Criminal Miscellaneous Case.

Sd/-

V.G.ARUN

JUDGE

CRL.M.C.NO.179 OF 2021

¶39

¶40

APPENDIX

¶41

PETITIONER'S EXHIBITS:

¶42

ANNEXURE A1 CERTIFIED COPY OF THE FIR NO. 486/2018 REGISTERED BY THE 2ND RESPONDENT ON THE BASIS OF STATEMENT OF 3RD RESPONDENT ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT AND CHARGE IN C.P NO. 60/2020 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE, KUNNAMKULAM ANNEXURE A3 AFFIDAVIT OF 3RD RESPONDENT SWORN BEFORE AND ATTESTED BY A NOTARY PUBLIC DATED 2612-2020 ANNEXURE A4 AFFIDAVIT OF 4TH RESPONDENT SWORN BEFORE AND ATTESTED BY A NOTARY PUBLIC DATED 2612-2020

¶43

RESPONDENT'S EXHIBITS: NIL

¶44

TRUE COPY P.A. TO JUDGE

Vishnu K.B v. State of Kerala

Case brief

What is this about?

What did the court decide?

Vishnu K.B v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Rahul Krishnan Vs State of Kerala

Harikrishnan M. Vs State of Kerala

Mohammed Roshan Vs State of Kerala

Vini Joseph Vs the State of Kerala

C.K.Vijayan Vs Commissioner of Police

Fidvi Fazal Vs State of Kerala