Allowed

Pradeep Kumar v. State of Kerala

Kerala HC26 Mar 2021Crl.MC/247/2021

Case brief

AI extract

What is this about?

The court quashed the criminal proceedings initiated against the petitioners for offences under Sections 341, 294(b), and 308 IPC. Relying on the Supreme Court's legal position regarding settlement and the absence of a subsisting grievance, the court held that continuance of proceedings would amount to an abuse of process.

What did the court decide?

Crl.M.C. allowed; Janata No.3430/2020 and further proceedings quashed.

Pradeep Kumar 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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FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943

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Crl.MC.No.247 OF 2021(A)

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CRIME NO.3430/2020 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA

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PETITIONERS/ACCUSED 1 & 2:

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1 PRADEEP KUMAR AGED 42 YEARS S/O. KESAVAN NAIR, PREETHALAYAM, THAKAYUR MURI, KUTTOOR VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA-689 106.

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2 AVINEESH KUMAR AGED 33 YEARS S/O. PRABHAKARAN NAIR, PRABHALAYAM HOUSE, THALAYAR, KUTTOOR VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA-689 106.

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BY ADV. SRI.M.R.SASITH

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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

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2 VINOD KUMAR AGED 50 YEARS S/O. NARENDRAN NAIR, R/A SREESADANAM HOUSE, THALAYAR MURI, KUTTOOR VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA-689 106.

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R2 BY ADV. VIDYA G NAIR

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OTHER PRESENT:

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SR.PP.C.S.HRITHWIK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.M.C.NO.247 OF 2021

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O R D E R

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Dated this the 26^th day of March 2021

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Petitioners are accused Nos. 1 and 2 in Crime No.3430/2020 registered at the Thiruvalla Police Station, Pathanamthitta for the offences punishable under Sections 341, 294(b) & 308 read with Section 34 of the IPC. The de facto complainant/injured, at whose instance the crime was registered, arrayed as the 2^nd respondent, has filed Annexure-A3 affidavit, stating that the dispute, which was the reason for the incident and registration of the crime, has been resolved amicably and he has no subsisting grievance against the petitioners.

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Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioners have no criminal antecedents.

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Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by the 2^nd respondent, the contents of which are submitted to be true and voluntary, I am

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CRL.M.C.NO.247 OF 2021

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satisfied that the dispute is settled and no public interest is involved in this matter. Even though, the offence under Section 308 of I.P.C. and use of a blade by the petitioner is alleged, it is reported that the corresponding injury is only a minor abrasion. Moreover, in view of the settlement, possibility of the criminal proceedings ending in conviction is remote. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v.

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State of Punjab [(2008) 4 SCC 582] and Gian Singh v. State of Punjab and another [(2012) 10 SCC 303], there is no impediment in granting the relief sought.

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In the result, this Crl.M.C is allowed. Annexure-A1 First Information Report and further proceedings in Crime No.3430/2020 of Thiruvalla Police Station is quashed.

Sd/-

V.G.ARUN

JUDGE

NB/26.03.2021

CRL.M.C.NO.247 OF 2021

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE A1 THE CERTIFIED COPY OF FIR CRIME NO.3430/2020OF THIRUVALLA POLICE STATION, PATHANAMTHITTA.

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ANNEXURE A2 CERTIFIED COPY OF THE ORDER IN CRL.MP 2300/2020 PASSED BY JFCM, THIRUVALLA, DATED 18.12.2020. ANNEXURE A3 AFFIDAVIT EXECUTED BY THE SECOND RESPONDENT TO SETTLE MATTER BETWEEN HIMSELF AND THE PETITIOENRS HEREIN.

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RESPONDENT'S EXHIBITS: NIL

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TRUE COPY P.A. TO JUDGE

Pradeep Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Pradeep Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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