Allowed

Sreeraj v. Shalji

Kerala HC1 Dec 2021Crl.MC/3226/2021

Case brief

AI extract

What is this about?

The High Court of Kerala, in a Criminal Miscellaneous Case, exercised its inherent powers under Section 482 Cr.P.C to quash criminal proceedings initiated from a final report under the IPC. The accused sought quashing on the grounds that the matter was settled, the complainant had no subsisting grievance via affidavit, and the alleged injuries were minor with no public interest involved.

What did the court decide?

Entire proceedings in C.C.No. 1509 of 2017 on the file of the Judicial First Class Magistrate-I, Cherthala are quashed and the petitioners are exonerated.

Sreeraj Vs Shalji — Criminal Trial and Appeal | 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 K.HARIPAL

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WEDNESDAY, THE 1^ST DAY OF DECEMBER 2021/10TH AGRAHAYANA,1943

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CRL.MC NO. 3226 OF 2021

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AGAINST THE ORDER/JUDGMENT IN CC 1509/2017 OF JUDICIAL MAGISTRATE

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OF FIRST CLASS -I, CHERTHALA

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PETITIONER/S:

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1 SREERAJ AGED 24 YEARS S/O. SAJEEV, NIKARTHIL HOUSE, PARAYAKADU P.O., WARD-4, KUTHIATHODU PANCHAYATH, CHERTHALA, ALAPPUZHA-688540.

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2 RAHUL, AGED 22 YEARS S/O. SIVAN, PANAKKAL NIKARTHIL HOUSE, WARD-3, KUTHIATHODU PANCHAYATH, PARAYAKADU P.O., CHERTHALA, ALAPPUZHA-688540.

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3 DEVADAS, AGED 22 YEARS S/O. RAMAKRISHNAN, KANNATTUTHARA VEEDU, WARD-3, KUTHIATHODU PANCHAYATH, CHERTHALA, ALAPPUZHA-688540.

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4 ANOOP, AGED 23 YEARS S/O. SURESH BABU, PUNNAKKAL NIKARTHU VEEDU, WARD-4, KUTHIATHODU PANCHAYATH, PARAYAKADU P.O., CHERTHALA, ALAPPUZHA-688540.

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5 AAKASH, AGED 23 YEARS S/O. SATHEESAN, SHEEJA BHAVAN, WARD-3, KUTHIATHODU PANCHAYATH, PARAYAKADU P.O., CHERTHALA, ALAPPUZHA-688540.

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BY ADVS. V.MAHENDRANATH P.T.SHEEJISH

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CRL.MC NO. 3226 OF 2021

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RESPONDENT/S:

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1 SHALJI AGED 42 YEARS S/O. DASAN, NEDUMPARAMBIL VEEDU, WARD-13, KUTHIATHODU PANCHAYATH, PARAYAKADU P.O., CHERTHALA, ALAPPUZHA-688540.

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2 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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BY ADV AKHILA SRIDHARAN

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OTHER PRESENT:

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PP - SRI. M.C.ASHI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.12.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 3226 OF 2021

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O R D E R

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Petitioners are the accused in C.C.No. 1509 of 2017 on the file of the Judicial First Class Magistrate-I, Cherthala which arose from the final report in Crime No. 575 of 2016 of Kuthiathodu Police Station, alleging offence under Sections 341, 294(b), 323, 324, 506(i) read with Section 34 of the IPC.

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The prosecution case is that on 22.05.2016 at about 8.30 p.m., the accused person, in furtherance of their common intention wrongly restrained CW1 the defacto complainant and assaulted and injured him. It is specifically alleged that the 3^rd accused had beat him with an iron stick, where as the 4^th accused hit him with a brick piece and others manhandled him and caused him injuries. The crime was registered on the strength of First Information Statement given by the injured, the 1^st respondent. Now the petitioners have moved this Court under Section 482 of Cr.P.C for quashing the proceedings on the premise that the matter stands settled with the 1^st respondent/de facto complainant.

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I heard the learned counsel for the petitioners and also the learned Public Prosecutor.

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CRL.MC NO. 3226 OF 2021

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Reliance has been placed on annexure-A2 affidavit of the 1^st respondents where it has been stated that he has no subsisting grievance against the petitioners, that he has no objection in quashing the proceedings.

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Even though the wound certificate was not produced in court, it is patent that the 1^st respondent did not sustain serious injuries in the occurrence. The offence alleged are minor in nature. In the light of the clear statement of the 1^st respondent that the matter is settled, there is no purpose in continuing the proceedings. Moreover, there is no public interest also, involved in the proceedings.

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Therefore, entire proceedings in C.C.No. 1509 of 2017 on the file of the Judicial First Class Magisrate-I, Cherthala are quashed and the petitioners shall stand exonerated.

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The Criminal Miscellaneous Case is allowed as above.

Sd/-

K.HARIPAL JUDGE

CRL.MC NO. 3226 OF 2021

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APPENDIX OF CRL.MC 3226/2021

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PETITIONER ANNEXURE

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Annexure A1 FIR DATED 24.5.2016 IN CRIME NO.575/2016 OF THE KUTHIATHODU POLICE STATION, ALAPPUZHA DISTRICT.

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Annexure A1(A) CHARGE SHEET DATED 31.8.2016 IN CRIME NO.575/2016 OF THE KUTHIATHODU POLICE STATION, ALAPPUZHA DISTRICT.

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Annexure A2 NOTARISED AFFIDAVIT DATED 23.3.2021 EXECUTED BY THE 1ST RESPONDENT.

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// True Copy // PA To Judge

Sreeraj v. Shalji

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Sreeraj v. Shalji

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