Allowed

Vimal Kumar v. State of Kerala

Kerala HC7 Jul 2022Crl.MC/1224/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition filed by an accused seeking quashing of criminal proceedings. The court held that since the dispute was purely private and a settlement had been reached, the invocation of Section 482 Cr.P.C. justified quashing the case to serve no further purpose.

What did the court decide?

The petition for quashing was allowed, and all further proceedings in C.C.No.1094 of 2018 were quashed.

Vimal Kumar Vs State of Kerala — Quashing and FIR | Kerala HC (2022)

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Crl.M.C.No.1224/2022

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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 ZIYAD RAHMAN A.A. THURSDAY, THE 7^TH DAY OF JULY 2022 / 16TH ASHADHA, 1944 CRL.MC NO. 1224 OF 2022

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PETITIONER/ACCUSED IN C.C.NO.1094/2018:

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VIMAL KUMAR, AGED 29 YEARS, S/O.ARUMUKHAM, THITTAMEL KOTTARAMBU HOUSE, CHENGANNUR TALUK, CHENGANOOR VILLAGE, ALAPPUZHA – 689 121.

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BY ADV NIDHIN RAJ VETTIKKADAN

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, CONTONMENT POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA , PIN – 682 531.

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2 AKASH JOSHI, AGED 27 YEARS, S/O.JOSHY, KANNUPARAMBATHU HOUSE, VENGOOR, KIDANGOOR P.O., ANGAMALI, PIN – 683 572. BY ADV M.B.SOORI

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SRI.C.S.HRITHIK,PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

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07.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C.No.1224/2022

O R D E R

The petitioner is the accused in Crime No.838 of 2018 of Cantonment police station, which is now pending as CC.No.1094 of 2018 before the Judicial First Class Magistrate Court-III, Thiruvananthapuram. The offences alleged against the petitioner are under Sections 294(b) and 323 of IPC.

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The prosecution case is that, on 28.6.2018 at around 21:00 hours, the petitioner verbally abused the 2^nd respondent/de facto complainant and assaulted him. Annexure-A1 is the FIR and Annexure-A2 is the final report. This Crl.M.C is filed for quashing all further proceedings pursuant there to .

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Heard Sri.Nidhin Raj Vettikadan, Learned counsel appearing for the petitioner, Sri.C.S.Hrithwik learned Public Prosecutor for the State and Sri.M.B.Soori, Learned counsel appearing for the 2^nd respondent.

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Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. AnnexuresA3 affidavit sworn by the 2^nd respondent/de facto complainant is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, 2^nd respondent/de facto complainant had specifically acknowledged the aforesaid settlement and also conveyed the no-

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Crl.M.C.No.1224/2022

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objection to quash the proceedings against the petitioners herein. The learned counsel appearing for the 2^nd respondent/de facto complainant also confirms the same. The learned Public Prosecutor, upon instructions, submitted that the Station House Officer concerned has verified the veracity of the same and found it to be genuine.

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The allegations would reveal that the dispute is purely private in nature. In such circumstances, by applying the principles laid down by the Honourable Supreme Court in Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] , proceedings can be quashed by invoking the powers of this Court under Section 482 Cr.P.C. This is particularly because, on account of the settlement, no fruitful purpose would be served by allowing the prosecution to continue.

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In the result, this Crl.M.C. is allowed, and Annexure-A2 final report submitted in Crime No.838 of 208 of Cantonment Police Station and all further proceedings in C.C.No.1094 of 2018 on the file of the Judicial First Class Magistrate Court-III, Thiruvananthapuram against the petitioner are hereby quashed.

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Sd/-

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ZIYAD RAHMAN A.A.

JUDGE

DG/11.7.22

Crl.M.C.No.1224/2022

APPENDIX OF CRL.MC 1224/2022

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PETITIONER ANNEXURES

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AnnexureA1 THE CERTIFIED COPY OF THE FIR NO.838/2018 DATED 29.06.2018 REGISTERED BY CANTONMENT POLICE STATION, THIRUVANANTHAPURAM AnnexureA2 THE CERTIFIED COPY OF THE FINAL REPORT DATED 31.08.2018 FILED BY CANTONMENT POLICE STATION BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT III, THIRUVANANTHAPURAM AnnexureA3 THE NOTARIZED AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANT

Vimal Kumar v. State of Kerala

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Vimal Kumar v. State of Kerala

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