Allowed

Suji @ Sujith v. State of Kerala

Kerala HC24 Mar 2021Crl.MC/703/2021

Case brief

AI extract

What is this about?

This Criminal Miscellaneous Petition sought to quash criminal proceedings against ten accused persons for offences under Sections 143, 147, 148, 323, 324, 341, 308 and 149 IPC. The Court allowed the petition and quashed the proceedings against petitioners 1, 2, 4 to 10 upon satisfaction that the dispute was settled amicably, no serious injury was sustained, and future conviction was remote.

What did the court decide?

Proceedings in C.P. No. 82/2014 against petitioners 1, 2, 4 to 10 are quashed.

Suji @ Sujith 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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WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

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Crl.MC.No.703 OF 2021(G)

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AGAINST THE ORDER/JUDGMENT IN CP 82/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,NEYYATTINKARA

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CRIME NO.933/2011 OF Thiruvallam Police Station , Thiruvananthapuram

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PETITIONER/S:

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1 SUJI @ SUJITH AGED 33 YEARS S/O.SURAJAN,KIZHAKKEMUDUMBIL HOUSE, PACHALLOOR DESOM,THIRUVALLOM VILLAGE,THIRUVANANTHAPURAM DISTRICT. 2 APPUS @ LAIJU, AGED 27 YEARS S/O.BABU,KALA NIVAS,PULAYAN VILAKOM, NEAR MUDIPPURA,PACHALLOORDESOM, THIRUVALLOM VILLAGE,THIRUVANANTHAPURAM DISTRICT.

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3 UMESH, AGED 29 YEARS S/O BHUVANACHANDRAN,ERUTHI HOUSE,VADAKKEKKUNNAM,T.C.68/1212,EDAVILAKOM, PACHALLOOR DESOM,THIRUVALLOM VILLAGE, THIRUVANANTHAPURAM DISTRICT. (DELETED AS PER ORDER DATED 24/03/2021 IN CRL.M.A 1/2021.)

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4 CHIKKU @ AKHIL, AGED 28 YEARS S/O.SUKUMARAN,GIRIVIHAR,T.C.67/323, BACK OF PACHALLOOR SCHOOL,PACHALLOOR DESOM,THIRUVALLOM VILLAGE, THIRUVANANTHAPURAM DISTRICT.

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5 SHAMBHU @ ARUN, AGED 30 YEARS S/O SATHIKUMAR,KIZHAKEMUDUMBIL HOUSE, PACHALLOOR DESOM,THIRUVALLOM VILLAGE, THIRUVANANTHAPURAM DISTRICT.

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Crl.MC.No.703 OF 2021(G)

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6 SUNESH, AGED 29 YEARS S/O SURAJAN,KIZHAKKEMUDUMBIL HOUSE, PACHALLOOR DESOM,THIRUVALLOM VILLAGE, THIRUVANANTHAPURAM DISTRICT. 7 KOCHUNNI @ SUDHEESH, AGED 30 YEARS S/O.SURAJAN,KIZHAKKEMUDUMBIL HOUSE, PACHALLOOR DESOM,THIRUVALLOM VILLAGE, THIRUVANANTHAPURAM DISTRICT. 8 KUNCHAN @ AJEESH, AGED 30 YEARS S/O.SASI,KIZHAKKEMUDUMBIL HOUSE, PACHALLOOR DESOM,THIRUVALLOM VILLAGE, THIRUVANANTHAPURAM DISTRICT.

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9 CHIKKU @ RATHEESH, AGED 29 YEARS S/O.BHADRAN,KADAVIL HOUSE,EDAVILAKOM, PACHALLOOR DESOM,THIRUVALLOM VILLAGE, THIRUVANANTHAPURAM DISTRICT.

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10 SHIBU, AGED 29 YEARS S/O.SADANANDAN,T.C.67/235,MOONGANCHIRA, EDAVILAKOM,PACHALLOOR DESOM, THIRUVALLOM VILLAGE,THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.SHAJIN S.HAMEED MELWIN BYJU

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. 2 SIVAPRASAD S/O.BHASKARAN,VISHNU VIHAR,T.C.67/454, ANCHAMKALLU,PACHALLOOR,THIRUVALLOM VILLAGE,THIRUVANANTHAPURAM DISTRICT, PIN CODE-695527. R2 BY ADV. ANUSHMA M.KHAN

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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 24.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.703 OF 2021(G)

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O R D E R

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Dated this the 24th day of March, 2021

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Petitioners are the accused in Crime No.993 of 2011 registered at the Thiruvallam Police Station for offences punishable under Sections 143, 147, 148, 323, 324, 341 & 308 r/w 149 of IPC, now pending as C.P No. 82 of 2014 on the files of the Judicial First Class Magistrate Court-II, Neyyattinkara. The de facto complainant, at whose instance the crime was registered, is arrayed as the 2nd respondent. Annexure B affidavit has been filed by 2nd respondent stating that the dispute, which led to registration of the crime, has been settled amicably and he has no subsisting grievance in the matter.

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Heard the learned Public Prosecutor also, who, on instructions, submits that as against the 3rd petitioner, who has been deleted from the array of parties, there are seven other crimes and the other petitioners are involved in one other crime. The major offence therein being under Section 324 of IPC, involvement in that crime need be an impediment in considering the prayer for quashing the proceedings against petitioners 1,2 and 4 to 10. Even though the offence under Section 308 is alleged in the instant case, a perusal of the wound certificate shows that no serious, injury was sustained by

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Crl.MC.No.703 OF 2021(G)

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the defacto complainant.

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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 2nd respondent, 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. 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. The proceedings in C.P. No 82/ 2014 on the files of the Judicial First Class Magistrate Court-II, Neyyattinkara as against the petitioners (other than the 3rd petitioner, who is deleted from the party array) is quashed.

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Sd/V.G.ARUN JUDGE

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Crl.MC.No.703 OF 2021(G)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A

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CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.933/2011 OF THIRUVALLOM POLICE STATION.

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ANNEXURE B AFFIDAVIT EXECUTED BY THE 2ND

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RESPONDENT/CW1.

Suji @ Sujith v. State of Kerala

Case brief

What is this about?

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Suji @ Sujith v. State of Kerala

Case brief

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