Allowed

Gokul v. State of Kerala

Kerala HC10 Mar 2021Crl.MC/835/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition to quash criminal proceedings for offenses under Sections 341 and 323 IPC. The court found the dispute resolved amicably and no public interest subsisted, citing settled legal precedents regarding settlement in criminal cases.

What did the court decide?

Criminal proceedings under C.C. No.192/2020 are quashed and the First Information Report and Final Report are set aside.

Gokul 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 10TH DAY OF MARCH 2021 / 19TH PHALGUNA, 1942

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Crl.MC.No.835 OF 2021(D)

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AGAINST THE ORDER/JUDGMENT IN CC 192/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT, KAKKANAD

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CRIME NO.3/2020 OF THADIYITTAPARAMBA POLICE STATION, ERNAKULAM

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PETITIONER/ACCUSED:

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GOKUL

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AGED 25 YEARS S/O.RAMANAKUMARAN NAIR, PADINJATTEKUZHIVILA VEEDU, CHAHANAMKULAM KARA, CHANDANATHOPPU VILLAGE, CHANDANATHOPPU P.O., KOLLAM-691 004.

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BY ADV. SRI.PRATHEESH.P

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RESPONDENTS/STATE, DEFACTO COMPLAINANT & INJURED:

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

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2 SUB INSPECTOR OF POLICE THADIYATTAPARAMBA POLICE STATION, ERNAKULAM RURAL-683 105.

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3 ATHUL AGED 23 YEARS S/O.SATYADHARMAN, SHEELA SADANAM, NEDUVATHOOR VILALGE, KOTTATHALA P.O., KOTTARAKKARA, KOLLAM-691 507.

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R3 BY ADV. V.RENJITH KUMAR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.M.C.NO.835 OF 2021

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O R D E R

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Dated this the 10^th day of March 2021

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Petitioner is the accused in Crime No.03/2020

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registered at the Thadiyattaparamba Police Station, Ernakulam Rural for offences punishable under Sections 341 & 323 of IPC, now pending as C.C. No.192/2020 on the files of Judicial First Class Magistrate Court, Kakkanad. The de facto complainant/injured, at whose instance the crime was registered is arrayed as 3^rd respondent, has filed Annexure-A4 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 petitioner.

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

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CRL.M.C.NO.835 OF 2021

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Having considered the gravity of the offences

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alleged, nature of the injury caused and having perused the affidavit filed by 3^rd respondent, 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. The fact that the petitioner and the defacto complainant/injured were students when the incident 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.

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In the result, this Crl.M.C is allowed. AnnexureA1 First Information Report, Annexure-A3 Final Report

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CRL.M.C.NO.835 OF 2021

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and further proceedings in Crime No.03/2020 of Thadiyattaparamba Police Station, pending as C.C.No.192/2020 on the files of Judicial First Class Magistrate Court, Kakkanad are quashed.

Sd/-

V.G.ARUN

JUDGE

NB/10.03.2021

CRL.M.C.NO.835 OF 2021

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE A1 THE CERTIFIED COPY OF THE FIR DATED 03.01.2020 IN CRIME NO.03/2020 OF THADIYATTAPARAMBA POLICE STATION, ERNAKULAM.

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ANNEXURE A2 THE CERTIFIED COPY OF THE FIS DATED 03.01.2020 IN CRIME NO.03/2020 OF THADIYATTAPARAMBA POLICE STATION, ERNAKULAM GIVEN BY SRI.ATHUL BEFORE THE 2ND RESPONDENT.

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ANNEXURE A3 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME 03.2020 OF THADIYATTAPARAMBA POLICE STATION, ERNAKULAM.

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ANNEXURE A4 THE ORIGINAL AFFIDAVIT DATED 25.01.2021 EXECUTED BY THE 3RD RESPONDENT.

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RESPONDENT'S EXHIBITS: NIL

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TRUE COPY P.A. TO JUDGE

Gokul v. State of Kerala

Case brief

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Gokul v. State of Kerala

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