Allowed

Brindhan @ Ranjith v. State of Kerala

Kerala HC18 Mar 2021Crl.MC/969/2021

Case brief

AI extract

What is this about?

This Criminal Miscellaneous Calamity No. 969 of 2021 involves the petitioners accused of offences under the Indian Penal Code. The High Court quashed the proceedings upon the direction of the de facto complainant stating that the dispute was settled ami.cably.

What did the court decide?

The complaint, First Information Report and all proceedings in Crime No. 49/2021 registered at the Aloor Police Station are quashed.

Brindhan @ Ranjith Vs State of Kerala — Cheque Dishonour | 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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THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942

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Crl.MC.No.969 OF 2021(A)

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CRIME NO.49/2021 OF ALOOR POLICE STATION , Thrissur

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PETITIONER/S:

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1 BRINDHAN @ RANJITH AGED 39 YEARS S/O.RAMANKUTTY, THATHAMPILLY HOUSE, THAZHEKKAD P.O., THRISSUR DISTRICT, PIN - 680 697.

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2 BENSON T.J.A. S/O.JOSE T.V., THENNADAN HOUSE, ALOOR, VELLANCHIRA VILLAGE, VELLANCHIRA P.O., THRISSUR DISTRICT, PIN - 680 697.

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3 ANEESH M.A. AGED 36 YEARS S/O.ABDUL RAHIM, MANAKULANGARAPARAMBIL HOUSE, THAZHEKKAD P.O., THRISSUR DISTRICT, PIN - 680 697.

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BY ADVS. SHRI.PRABHU K.N. SHRI.MANUMON A. SRI.JAYAN KUTTICHAKKU

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RESPONDENT/S:

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

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2 ANIL KUMAR AGED 32 YEARS S/O.VIJAYAN, PULICKAL HOUSE, UPPUTHODE DESOM, UPPUTHODE P.O., IDUKKI DISTRICT, PIN - 685 604.

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3 SUDHAKARAN P.K. AGED 60 YEARS

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Crl.M.C.No.969 of 2021

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S/O.KRISHNAN, PANATTU HOUSE, ALATHOOR DESOM, ALATHOOR P.O., THRISSUR DISTRICT, PIN - 680 741.

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4 SAHJALAL HUSSAIN AGED 20 YEARS C/O.MUSLIM UDDIN, GERUATI GERUA ATI, NAGAON, ASSAM, PIN - 682 140 NOW RESIDING AT KUZHIKATTUSSERY DESOM, THRISSUR DISTRICT.

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5 ABHIJITH K.A. @ ABHI AGED 28 YEARS S/O.ASHOKAN, KALATHIL HOUSE, KUTHIATHODE DESAM, PALLITHODE P.O., ALAPPUZHA DISTRICT, PIN - 688 540.

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R2-5 BY ADV. SRI.N.L.BITTO

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OTHER PRESENT:

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PP MAYA M.N.;PP T.R.RENJITH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION

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ON 18.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.969 of 2021

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ORDER

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Dated this the 18^th day of March , 2021

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Petitioners are the accused in Crime No.49 of 2021 registered at the Aloor Police Station for offences punishable under Sections 143, 147, 148,

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452, 341, 323, 324, 506(ii) and 308 r/w 149 of IPC. The de facto complainant, at whose instance the crime was registered and the other injured persons are arrayed as respondents 2 to 5. Annexures A2 and A5 affidavits have been filed by respondents stating that the dispute which led to registration of the crime, has been settled amicably and they have no subsisting grievance in the matter.

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2. Heard the learned Public Prosecutor also,

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who, on instructions, submits that the petitioners have no criminal antecedents.

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Crl.M.C.No.969 of 2021

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3. Having considered the gravity of the

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offences alleged, nature of the injury caused and having perused the affidavit filed by the respondents 2 to 5, 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

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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

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SCC 303], there is no impediment in granting the relief sought.

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In the result, this Crl.M.C is allowed.

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Crl.M.C.No.969 of 2021

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Annexure I FIR and all proceedings in Crime No.49 of 2021 registered at the Aloor Police Station is

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quashed.

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