Allowed

Shyam C. v. State of Kerala

Kerala HC10 Nov 2021Crl.MC/852/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition to quash further criminal proceedings against petitioners in a private dispute case. The court held that since issues were amicably settled and no public interest was involved, continuation of proceedings constituted an abuse of process.

What did the court decide?

Continuation of the criminal proceedings in Crime No.22/2021 of Muzhakkunnu Police Station was quashed.

Shyam C. 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 MRS. JUSTICE M.R.ANITHA

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WEDNESDAY, THE 10TH DAY OF NOVEMBER 2021 / 19TH KARTHIKA, 1943
CRL.MC NO. 852 OF 2021

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CRIME NO.22 OF 2021 OF MUZHAKUNNU POLICE STATION, KANNUR DISTRICT
PETITIONERS/ACCUSED 1 AND 2:

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1SHYAM C.
AGED 26 YEARS
S/O. GANESHAN, CHANDROTH HOUSE, MAMBARAM,
THILLENKERY P. O., KANNUR - 670 702.

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2SHAN GANESH C.
AGED 23 YEARS
S/O. GANESHAN, CHANDROTH HOUSE, MAMBARAM,
THILLENKERY P. O., KANNUR - 670 702.

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BY ADV RENJITH RAJAPPAN

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RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

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

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2GEETHA.K.K
W/O. SASIDHARAN, PARAPPALLI HOUSE,
GUNDIKA, MUZHAKKUNNU P. O.,
IRITTY, KANNUR - 670 673.

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BY ADV SRI.SAM M.THOMAS

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BY ADV SRI.RENJIT GEORGE,PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 852 OF 2021

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ORDER

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This Crl.M.C. has been filed seeking to quash the entire further proceedings against the petitioners in crime No.22/2021 of Muzhakkunnu police station, which has been registered for the offences punishable under Sections 341, 323, 506(ii), 452 and 427 read with Section 34 of IPC.

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Annexure A1 is the copy of the FIR. Annexure A2 is the copy of the affidavit duly sworn in by the second respondent/defacto complainant.

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Adv.Sam M.Thomas appeared on behalf of the defacto complainant. He reports about the settlement arrived at between the parties.

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The learned Public Prosecutor produced copy of report of the SHO, Muzhakkunnu police station along with copy of the signed statement of the defacto complainant.

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In the affidavit as well as in the statement given to the SHO, the defacto complainant categorically stated about the settlement arrived at with the petitioners. She has no objection in quashing the further proceedings against the petitioners in the above crime. The entire issues between the parties are purely

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CRL.MC NO. 852 OF 2021

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3

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private in nature. No public interest is involved. So, I do not find any impediment in quashing the further proceedings pending against the petitioners in the above crime.

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Since the entire issues between the parties have been amicably settled out of court, continuation of the proceedings against the petitioners would be an abuse of process of court.

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In the result, Crl.M.C. allowed and the entire further proceedings against the petitioners in crime No.22/2021 of Muzhakkunnu police station, is hereby quashed.

Sd/-

M.R.ANITHA

JUDGE

nkr

CRL.MC NO. 852 OF 2021

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APPENDIX OF CRL.MC 852/2021

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PETITIONER ANNEXURE

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ANNEXURE A1 THE TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO.22 OF 2021 OF THE
MUZHAKKUNNUPOLICESTATION,KANNUR
DISTRICT DATED 19.01.2021.
ANNEXURE A2 THE AFFIDAVIT SWORN TO BY THE 2ND
RESPONDENT DATED 03.02.2021.

Shyam C. v. State of Kerala

Case brief

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Shyam C. v. State of Kerala

Case brief

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