Allowed

Sarath v. State of Kerala

Kerala HC9 Feb 2021Crl.MC/191/2021

Case brief

AI extract

What is this about?

The High Court of Kerala, on 09.02.2021, quashed an FIR and final report in a criminal case at the instance of the accused. The court held that the dispute was amicably settled, the complainant filed an affidavit withdrawing grievances, and proceeding further would serve no useful purpose or public interest.

What did the court decide?

Annexure 1 FIR and Annexure 2 final report in Crime No.1799 of 2017 of Sakthikulangara Police Station are quashed.

Sarath Vs State of Kerala — Quashing and FIR | Kerala HC (2021)

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Crl.M.C.191/2021

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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 SHIRCY V.

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TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

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Crl.MC.No.191 OF 2021(D)

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CC 991/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM CRIME NO.1799/2017 OF Sakthikulangara Police Station, Kollam

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PETITIONERS/ACCUSED:

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1 SARATH, AGED 26 YEARS S/O.RAJU, ULAPOOR KIZHAKKATHIL, KANNIMELCHERRY, MARUTHADI P.O., KOLLAM-691 003.

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2 SYAM, AGED 30 YEARS S/O.ANANDANARAYANAN, KUMARIPICHAZHIKATH, KANNIMELCHERRY, MARUTHADI P.O., KOLLAM-691 003.

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BY ADVS. SRI.PRATHEESH.P SMT.S.REKHA KUMARI SMT.S.SEETHA

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1 STATE OF KERALA

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REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF EKRALA AT ERNAKULAM-31.

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2 STATION HOUSE OFFICER SAKTHIKULANGARA POLICE STATION, KOLLAM DISTRICT-691 581.

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3 AMINA MOHAN AGED 41 YEARS W/O.MOHANAN, JALALUDEEN MANZIL, VARAMPELKKAD, KANNIMELCHERRY, SAKTHIKULANGARA, KOLLAM-691 581.

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R3 BY ADV. A.MUHAMMED RAFFI

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OTHER PRESENT:

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C.N.PRABHAKARAN- SR.P.P

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C.191/2021

ORDER

Dated this the 9th day of February 2021

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Petition under Section 482 of the Code of Criminal

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Procedure.

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The petitioners are the accused in Crime No.

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1799 of 2017 of Sakthikulangara Police Station registered

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for the offences punishable under Sections 294(b), 451, 506(i), 354D and 34 of Indian Penal Code.

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It is submitted by the learned counsel for

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the petitioners that the parties have resolved their

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entire disputes among themselves and as such there is no subsisting dispute between them. Therefore, this petition to quash Annexures A1 and A2 FIR and final report.

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respondent/defacto complainant has submitted that she has absolutely no grievance or complaints against the petitioners. Annexure 3 is the affidavit sworn to by her

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in support of the submission of the petitioners. The

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affidavit further indicates that she has no intention to pursue the matter further.

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The learned Public Prosecutor has reported that

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the prosecution has no serious objection in allowing the

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Crl.M.C.191/2021

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petition. It is also submitted that as the dispute has been amicably settled, the possibility of conviction is remote and bleak and therefore, no useful purpose would be served in proceeding with the case.

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On hearing the submissions of all concerned

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and on perusal of the records as well on consideration of the special facts and circumstances involved in this case, I find that no fruitful purpose is likely to be served by proceeding with the matter against the petitioners. Moreover, no public interest is involved in the case and there is no legal impediment in granting the prayer as sought for by the petitioners. Therefore, for the purpose of securing the ends of justice, this Crl.M.C. is only to be allowed.

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For the foregoing reasons, Annexure 1 FIR and Annexure 2 final report in Crime No.1799 of 2017 of

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Sakthikulangara Police Station, will stand quashed as prayed for.

Sd/-

SHIRCY V.

JUDGE

Crl.M.C.191/2021

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE 1 THE CERTIFIED COPY OF FIR IN CRIME NO.1799/2017 OF SAKTHIKULANGARA POLICE STATION.

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ANNEXURE 2 THE CERTIFIED COPY OF FINAL REPORT IN CRIME NO.1799/2017 OF SAKTHIKULANGARA POLICE STATION. ANNEXURE 3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT REGARDING THE COMPROMISE DATED 05.01.2021.

Sarath v. State of Kerala

Case brief

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Sarath v. State of Kerala

Case brief

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