Allowed

Ajesh K v. State of Kerala

Kerala HC12 Oct 2022Crl.MC/2056/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous case arising from offences of unlawful assembly and affray with grievous hurt, the Kerala High Court quashed FIR and proceedings under Section 482 Cr.P.C. applying Gian Singh principles because the dispute was private and settled, serving no fruitful purpose to allow prosecution to continue.

What did the court decide?

Annexure-1 FIR submitted in Crime No.403 of 2022 of Kannur Town Police Station and all further proceedings against the petitioners are quashed.

Ajesh K Vs State of Kerala — Quashing and FIR | Kerala HC (2022)

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Crl.M.C.No.2056/22

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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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WEDNESDAY, THE 12^TH DAY OF OCTOBER 2022 / 20TH ASWINA, 1944

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CRL.MC NO. 2056 OF 2022

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CRIME NO.403/2022 OF Kannur Town, Kannur

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PETITIONER/ACCUSED:

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1 AJESH K, AGED 31 YEARS,

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S/O.ASHOKAN, NURICHEN HOUSE, PUZHATHI VILLAGE, P O KAKKAD, ADHAR NO 331465149379, PIN – 670 005.

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2 SHAMAL P., AGED 28 YEARS, S/O.UMESHAN P, PANAGATH HOUSE, KOTTALI P O, KOTTALI, ADHAR NO 209215626454, PIN – 670 005.

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3 ASWANTH SURESH, AGED 21 YEARS, S/O.SURESHAN C.P, SHEENA NIVAS, KOTTALI P.O, KANNUR, PIN – 670 005.

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4 ADARSH C, AGED 24 YEARS,

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S/O. ANIL KUMAR C, UNNAKKANDI HOUSE, KOTTALI P.O, KANNUR, PIN – 670 005.

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5 UNNI N, AGED 33 YEARS, S/O. NARAYANAN, GOVINDA HOUSE, KAKKAD, KANNUR KOTTALI PO, PIN – 670 005.

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6 SUKESH U.K, AGED 42 YEARS,

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S/O.SURESHAN U.K, MOOLIYAD HOUSE, P.O KOTTALI, PIN – 670 005.

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Crl.M.C.No.2056/22

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7 ABHIJITH C, AGED 22 YEARS, S/O. ANIL KUMAR C, UNNAKANDI HOUSE, PO KOTTALI, KANNUR, PIN – 670 005.

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BY ADV. PINTO FREDERIC

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RESPONDENT/DE FACTO COMPLAINANT/INJURED/STATE OF KERALA:

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1 STATE OF KERALA, REPRESENTED BYPUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM, PIN – 682 031.

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2 SHO KANNUR TOWN POLICE STATION, KANNUR 2, PIN – 670 002.

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3 GANESH BABU M.V, AGED 46 YEARS, S/O. KARUNAKARAN, MATTATH VALAPPIL HOUSE, P.O KOTTALI, NEAR KOTTALIKKAVU, KANNUR CITY KERALA, PIN – 670 003.

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4 BINDHU M.V, AGED 43 YEARS, S/O. KARUNAKARAN, MATTATH VALAPPIL HOUSE, P.O KOTTALI, NEAR KOTTALIKKAVU, KANNUR CITY, KERALA, PIN – 670 003.

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5 RUBEENA, AGED 29 YEARS, C/O GANESH BABU, MATTATH VALAPPIL HOUSE, P.O KOTTALI, NEAR KOTTALIKKAVU, KANNUR CITY KERALA, PIN – 670 003.

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6 SHAJI C., AGED 51 YEARS,

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Crl.M.C.No.2056/22

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S/O.RAJAN, CHALIL HOUSE, PUZHATHI, KOTTALI P.O, KAKKAT, KANNUR, PIN – 670 005.

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BY ADV.K.ANILA M.P.PRASHANTH, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.10.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C.No.2056/22

O R D E R

Petitioners are the accused in Crime No.403 of 2022 of Kannur Town Police Station, which was registered for the offences punishable under Sections 143, 147, 148, 452, 323, 324, 308, 427 and 149 IPC.

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The prosecution case is that on 14.03.2022, the petitioners formed themselves into an unlawful assembly and assaulted the respondents 3 to 6. Annexure-1 is the FIR and this Crl.M.C. is filed for quashing all further proceedings pursuant thereto.

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Heard Sri.Pinto Fredaric, learned counsel for the petitioners, Sri.M.P.Prashanth, learned Public Prosecutor for the State and Smt.K.Anila, learned counsel for the respondents 3 to 6.

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Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure-2 affidavit sworn by the respondents 3 to 6 is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the respondents 3 to 6 had specifically acknowledged the aforesaid settlement and also conveyed the no-

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Crl.M.C.No.2056/22

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objection to quash the proceedings against the petitioners herein. The learned counsel appearing for the respondents 3 to 6 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-1 FIR submitted in Crime No.403 of 2022 of Kannur Town Police Station and all further proceedings pursuant thereto against the petitioners are hereby quashed.

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Sd/-

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ZIYAD RAHMAN A.A. JUDGE

DG/13.10.22

Crl.M.C.No.2056/22

APPENDIX OF CRL.MC 2056/2022

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PETITIONER ANNEXURES

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Annexure1 DIGITAL CERTIFIED CITIZEN COPY OF FIR FROM POLICE NO.403/2022 REGISTRED BY KANNNUR TOWN POLICE STATION DATED 16/03/2022 Annexure2 AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANTS BEFORE NOTARY PUBLIC DATED 20/03/2022

Ajesh K v. State of Kerala

Case brief

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What did the court decide?

Ajesh K v. State of Kerala

Case brief

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What did the court decide?

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