Allowed

Ullas, v. T.V. Abraham

Kerala HC19 Mar 2021Crl.MC/694/2021

Case brief

AI extract

What is this about?

Petitioners accused in a criminal case filed a Miscellaneous Case seeking quashing of proceedings. The Court, relying on affidavits showing amicable settlement and absence of grievance, found no impediment to grant relief. The petition was allowed and the pending proceedings quashed.

What did the court decide?

Petition allowed; Final Report annexed and further proceedings in S.T. No. 1878/2017 are quashed.

Ullas, Vs T.V. Abraham — Constitutional and Fundamental Rights | 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 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942

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Crl.MC.No.694 OF 2021(F)

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AGAINST THE ORDER/JUDGMENT IN ST 1878/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS, ALATHUR

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CRIME NO.407/2017 OF VADAKKANCHERRY POLICE STATION, PALAKKAD

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PETITIONERS/ACCUSED NOS.1 AND 2:

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1 ULLAS, AGED 44 YEARS

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S/O PATHROS, THAIPPARAMBIL VEEDU, PALARIVATTOM, KOCHI

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2 ANJU MATHEW, AGED 37 YEARS

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D/O MATHEW, THAIPPARAMBIL VEEDU, PALARIVATTOM, KOCHI.

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BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)

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RESPONDENTS/DEFACTO COMPLAINANT AND STATE:

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1 T.V. ABRAHAM,

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AGED 64 YEARS

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S/O ULAHANNAN, THOLANIKKAL HOUSE, PANTHAPPARAMBU, MUDAPPALLUR, ALATHUR, PALAKKAD-678 705.

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2 ABDUL ASSIZ AGED 57 YEARS

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S/O MUHAMMED MOOSA, NIYAS MANZIL, PANTHAPPARAMBU, MUDAPPALLUR, ALATHUR, PALAKKAD-678 705.

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

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R1-2 BY ADV. UNNI SEBASTIAN KAPPEN

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OTHER PRESENT:

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PP T.R.RENJITH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.M.C.NO.694 OF 2021

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O R D E R

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Dated this the 19^th day of March 2021

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Petitioners are accused Nos. 1 and 2 in Crime No.407/2017 registered at the Vadakkenchery Police Station, Palakkad for offences punishable under Sections 447, 294(b) & 506(i) read with Section 34 of the IPC, now pending as S.T.No.1878/2017 on the files of Judicial First Class Magistrate Court-I, Alathur. The de facto complainant/CW1, at whose instance the crime was registered and CW2, arrayed as the 1^st and 2^nd respondents respectively, have filed Annexure-B & C affidavits, stating that the dispute, which was the reason for the incident and registration of the crime, has been resolved amicably and they have 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 grievance caused and having

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CRL.M.C.NO.694 OF 2021

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perused the affidavits filed by the 1^st and 2^nd respondents, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and no public interest is involved in this matter. 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.

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In the result, this Crl.M.C is allowed. Annexure-A Final Report and further proceedings in S.T.No.1878/2017, pending before the Judicial First Class Magistrate Court-I, Alathur is quashed.

Sd/-

V.G.ARUN

JUDGE

NB/19.03.2021

CRL.M.C.NO.694 OF 2021

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO 407/2017 OF VADAKKANCERRY POLICE STATION IN PALAKKAD DISTRICT IN S.T.NO 1878/2017 ON THE FILE OF THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE-1, ALATHUR

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ANNEXURE B AFFIDAVIT SWORN BY THE 1ST RESPONDENT HEREIN EVIDENCING THE AFORESAID SETTLEMENT

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ANNEXURE C AFFIDAVIT SWORN BY THE 2ND RESPONDENT HEREIN EVIDENCING THE AFORESAID SETTLEMENT

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RESPONDENT'S EXHIBITS: NIL

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TRUE COPY P.A.TO JUDGE

Ullas, v. T.V. Abraham

Case brief

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Ullas, v. T.V. Abraham

Case brief

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