Allowed

Shivakumar, v. State of Kerala

Kerala HC16 Mar 2021Crl.MC/412/2021

Case brief

AI extract

What is this about?

This criminal miscellaneous petition challenged criminal charges related to IPC offences. The court allowed the petition and quashed pending criminal proceedings after considering the amicable settlement between parties, lack of continuing grievance, and the remote possibility of conviction, citing Supreme Court precedents on abuse of process.

What did the court decide?

The Criminal Miscellaneous Case was allowed and the proceedings in C.C. No. 605 of 2019 were quashed.

Shivakumar, Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4

TUESDAY, THE 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942

¶5

Crl.MC.No.412 OF 2021(B)

¶6

AGAINST THE ORDER/JUDGMENT IN CC 605/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, ALUVA

¶7

CRIME NO.3602/2018 OF ALUVA EAST POLICE STATION , Ernakulam

¶8

PETITIONER/S:

¶9

1 SHIVAKUMAR, AGED 24 YEARS

¶10

S/O JAYAKUMAR, KANDANAD HOUSE, VELIYATHUNADU, KARUMALLOOR VILLAGE, ERNAKULAM-683 511.

¶11

2 VINAYAK, AGED 26 YEARS

¶12

S/O SURESH BABU, MANAKKATHAZHAM HOUSE, EDAYAPURAM, KEEZHMADU VILLAGE, ERNAKULAM-683 112.

¶13

3 ARAVIND, AGED 23 YEARS

¶14

S/O JAYAKUMAR, PERUMBILLY HOUSE, NEAR KARTHAVU PADY, PULLUVAZHI, RAYAMANGALAM VILLAGE, ERNAKULAM-683 541.

¶15

4 SAJITH KUMAR, AGED 23 YEARS S/O VELAYUDHAN, KALLIKKATTU PRAMBIL, NEAR THIRUVALOOR TEMPLE, ALANGAD, ERNAKULAM-683 511.

¶16

BY ADV. SRI.C.Y.VINOD KUMAR

¶17

RESPONDENT/S:

¶18

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

¶19

2 SUB INSPECTOR OF POLICE ALUVA EAST POLICE STATION, ALUVA ERNAKULAM-683 101.

¶20

3 AMARNATH AGED 23 YEARS S/O ALOK NATH, THACHAMPADIKKAL HOUSE,NEAR VH COLONY,

¶21

Crl.MC.No.412 OF 2021(B)

¶22

¶23

ALUVA WEST VILLAGE, ERNAKULAM-683 102.

¶24

4 HARIPRASAD

¶25

S/O HARISH, JAYAVIHAR HOUSE, NEAR MUNICIPAL QUARTERS, OOMANKUZHITHADOM KARA, ALUVA WEST VILLAGE, ERNAKULAM-683 101

¶26

R3-4 BY ADV. P.S.PRASOBH

¶27

OTHER PRESENT:

¶28

PP T.R.RENJITH

¶29

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶30

Crl.MC.No.412 OF 2021(B)

¶31

¶32

O R D E R

¶33

Dated this the 16^th day of March, 2021

¶34

Petitioners are the accused in Crime No.3602 of 2016 registered at the Aluva East Police Station for offences punishable under Sections 341, 323, 324, and 34 of IPC, now pending as C.C No. 605 of 2019 on the files of the Judicial First Class Magistrate's CourtI, Aluva, Ernakulam. The de facto complainant, at whose instance the crime was registered, and the other injured person, are arrayed as respondents 3 and 4. Annexures A2 and A3 are the affidavits filed by respondents 3 and 4 respectively , stating that the dispute, which led to registration of the crime, has been settled amicably and they have no subsisting grievance in the matter.

¶35

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

¶36

Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by the respondents 3 and 4, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and that no public interest is involved in this matter. The fact that the petitioners

¶37

Crl.MC.No.412 OF 2021(B)

¶38

¶39

and the de facto complainants were students when the accident occurred, is also taken into consideration . 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. 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.

¶40

In the result, this Crl.M.C is allowed. The proceedings in C.C.No. 605 of 2019 on the files of the Judicial Magistrate's Court-I, Aluva, Ernakulam is quashed.

¶41

Sd/V.G ARUN JUDGE

¶42

¶43

Crl.MC.No.412 OF 2021(B)

¶44

¶45

APPENDIX

¶46

PETITIONER'S/S EXHIBITS:

¶47

ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN CC NO 605/19 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATES COURT-1, ALUVA, ERNAKULAM DISTRICT

¶48

ANNEXURE A2 AFFIDAVIT SWORN BY THE 3RD RESPONDENT/DEFACTO COMPLAINANT ANNEXURE A3 AFFIDAVIT SWORN BY THE 4TH RESPONDENT/CW2

Shivakumar, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shivakumar, 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

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Asif Aslam Vs State of Kerala

Siddique C.A. @ Aboobacker Siddique Vs State of Kerala

Shibu Vs State of Kerala

Rmp Info Tec Pvt. Ltd. Company, Vs State of Kerala

Sanesh Vs State of Kerala

Rahul Raj @ Unni Vs State of Kerala