Allowed

Sujith., v. the State of Kerala

Kerala HC11 Jul 2022Crl.MC/205/2022

Case brief

AI extract

What is this about?

The Kerala High Court allowed a Criminal Miscellaneous Appeal seeking to quash criminal proceedings C.C. No. 262/2019 against Petitioners. The Court held that since the dispute was private in nature and a settlement was reached, invoking Section 482 Cr.P.C. to quash further proceedings served no purpose.

What did the court decide?

Annexure-A final report and C.C. No. 262/2019 against the petitioners are hereby quashed.

Sujith., Vs the State of Kerala — Quashing and FIR | Kerala HC (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.

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MONDAY, THE 11^TH DAY OF JULY 2022 / 20TH ASHADHA, 1944 CRL.MC NO. 205 OF 2022

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CC 262/2019 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,

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CHAVARA

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PETITIONERS:

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1 SUJITH., AGED 23 YEARS S/O. SUKU, PADMAVILASAM PUTHUVAL VEEDU, ASRAMAM MURI, KOLLAM WEST VILLAGE, KOLLAM DISTRICT 691 001.

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2 MUHAMMED HUSSAIN, AGED 24 YEARS S/O. ABDUL HAYY, FATHIMA MANZIL, KALLUMPURATH, CHAMBAKADAVU MURI, VADAKKUMTHALA VILLAGE, KOLLAM DISTRICT 690 536.

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BY ADV K.RAKESH

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RESPONDENTS:

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

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2 THE STATION HOUSE OFFICER, CHAVARA POLICE STATION, KOLLAM DISTRICT 691 583.

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3 ATHUL S.P., S/O. SUDHARSANAN NAIR, SREEMANDIRATHIL KOLLAM MURI, PANMANA VILLAGE, KARUNAGAPALLY TALUK, KOLLAM DISTRICT 691 583.

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BY ADV K.S.PRAVEEN

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ADV. M. P. PRASHANT- SR PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C.No.205/2022

: 2 :

ORDER

Dated this the 11^th day of July, 2022

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The petitioners are accused Nos.1 and 2 in crime No.1156/2018 of Chavara Police Station, which is now pending as C.C. No.262/2019 before the Judicial First Class Magistrate's Court (Temporary), Chavara. The offences alleged against the petitioners are under Sections 294(b), 323, 324 and 34 of the Indian Penal Code.

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The prosecution case is that, on 09.10.2018 at about 16.15 hours, the petitioners assaulted the 3^rd respondent with iron pipe on account of the political rivalry. Annexure-A is the final report submitted by the Police. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure- A final report.

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Heard Sri. Rakesh K., the learned counsel appearing for the petitioners, Sri. M.P. Prasanth, the learned Senior Public Prosecutor for the State and Sri. K.S. Praveen, the learned counsel appearing for the 3^rd respondent.

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Crl.M.C.No.205/2022

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: 3 :

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The prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure-B affidavit sworn by the 3^rd respondent is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the 3^rd respondent had specifically acknowledged the aforesaid settlement and also conveyed the no-objection to quash the proceedings against the petitioners herein. The learned counsel appearing for the 3^rd respondent 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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Crl.M.C.No.205/2022

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: 4 :

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In the result, this Crl.M.C. is allowed and Annexure- A final report submitted in crime No.1156/2018 of Chavara Police Station and C.C. No.262/2019 on the files of the Judicial First Class

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Magistrate's Court (Temporary), Chavara, against the petitioners are hereby quashed.

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Sd/-

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ZIYAD RAHMAN A.A. JUDGE

ncd

Crl.M.C.No.205/2022

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APPENDIX OF CRL.MC 205/2022

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PETITIONER ANNEXURES Annexure A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 1156/2018 OF THE CHAVARA POLICE STATION. Annexure B AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT DATED 30.11.2021.

Sujith., v. the State of Kerala

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Sujith., v. the State of Kerala

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