Allowed

Joseph Anstein v. the State of Kerala

Kerala HC18 Jul 2022Crl.MC/276/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous case, the High Court allowed the petition to quash criminal proceedings under Sections 341, 324, and 34 of the IPC. The court held that the dispute was private and settled, with no subsisting grievance from the injured party. Quashing was deemed fit under Section 482 CrPC.

What did the court decide?

Criminal Miscellaneous Case No. 276 of 2022 was allowed. The Final Report (Annexure-A2) in Crime No. 276/2019 and all further proceedings in C.C. No. 520/2019 pending before the Judicial Magistrate of

Joseph Anstein Vs the State of Kerala — Criminal Trial and Appeal | 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 18^TH DAY OF JULY 2022 / 27TH ASHADHA, 1944

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CRL.MC NO. 276 OF 2022

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AGAINST THE ORDER/JUDGMENTCC 520/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOCHI

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PETITIONER/ACCUSED :

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1 JOSEPH ANSTEIN,AGED 26 YEARS S/O.FRANCIS XAVIER, CHAKKALA PARAMBIL HOUSE, KUMBALANGI VILLAGE, ERNAKULAM DISTRICT PIN 682 007

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2 AWEYOON NOYAL XAVIER, S/O JOSEPH K X, AGED 24 YEARS KOCHERIL HOUSE, KUMBALANGI VILLAGE, ERNAKULAM DISTRICT PIN 682 007

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BY ADV VIDYA C.V.

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RESPONDENT/STATE AND DEFACTO COMPLAINANT:

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

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2 LEEN JOSEPH,AGED 23 YEARS, S/O SABU K J KURISHINKAL HOUSE, JAVAHAR ROAD, KUMBALANGI VILLAGE, ERNAKULAM DISTRICT PIN 682 007

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BY ADVS. C.K.RAPHEEQUE K.B.NIDHINKUMAR SHINOJ.K.N

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Adv. M P Prashant - SR PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C No.276 of 2022

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O R D E R

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The petitioners are the accused in Crime No.276/2019 of Palluruthy Kasaba Police Station which is now pending as C.C 520/2019 before the Judicial First Class Magistrate Court-II, Kochi. The offences alleged against the petitioners are punishable under Sections 341, 324 and 34 of Indian Penal Code.

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2 . The prosecution case is that on 18.02.2019, at about 8.30.p.m, the petitioners wrongfully restrained the 2 nd respondent and assaulted him. Annexure-A1 is the FIR and Annexure-A2 is the final report submitted by the Police. This Crl.MC is filed for quashing all further proceedings pursuant to Annexure-A2.

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3 . Heard Sri. Vidya C.V, the learned counsel appearing for the petitioners, Sri. M.P.Prashanth, the learned Public Prosecutor appearing for the State and Sri. C.K Rapheeque, the learned counsel appearing for the 2nd respondent.

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4 . The prayer for quashing the above proceedings is sought for by the petitioners on the ground that, the dispute between the parties has been settled and to substantiate the

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Crl.M.C No.276 of 2022

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same, the injured person has sworn Annexure-A3 affidavit. The aforesaid affidavit indicates that, the matter has been settled and the injured person has no subsisting grievance against the petitioners herein. He also conveyed that he has no objection in quashing the proceedings against the petitioners herein. The learned counsel for the 2nd respondent /injured person also confirmed the same. The learned Public Prosecutor upon instructions submitted that the veracity of the settlement was verified by the Station House officer concerned and before the SHO also, the injured person has reiterated that, he does not have any objection in quashing the proceedings as he has no subsisting grievance against the petitioners herein.

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5 . Going through the materials available on record, it is discernible that, the dispute is basically private in nature and on account of settlement arrived at between the parties, no purpose would be served if the proceedings against the petitioners herein were allowed to continue. In such circumstances, the chances of a successful prosecution are very bleak. Therefore, I am of the view that going by the decision in Gian Singh v. State of Punjab and

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Crl.M.C No.276 of 2022

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Another [2012(4) KLT 108], this is a fit case in which the powers of this Court under Section 482 of the Code of Criminal Procedure can be invoked.

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Accordingly, this Crl.M.C. is allowed. Annexure-A2 final report in Crime No.276/2019 of Palluruthy Kasaba Police Station and all further proceedings in C.C.No.520/2019 pending before the Judicial First Class Magistrate Court-II, Kochi as against the petitioners are hereby quashed.

Sd/-

ZIYAD RAHMAN A.A

JUDGE

rpk

Crl.M.C No.276 of 2022

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APPENDIX OF CRL.MC 276/2022

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PETITIONER ANNEXURES

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Annexure A1 TRUE COPY OF FIRST INFORMATION REPORT DATED 19/2/2019 IN CRIME NO.276/2019 OF PALLURUTHY KASABA POLICE STATION, ERNAKULAM DISTRICT. Annexure A2 TRUE COPY OF FINAL REPORT DATED 28/2/2019 IN CRIME NO.276/2019 OF PALLURUTHY KASABA POLICE STATION, ERNAKULAM DISTRICT. Annexure A3 AFFIDAVIT IS SWORN BY THE 2ND RESPONDENT

Joseph Anstein v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Joseph Anstein v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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