Allowed

Sooryan S Suresh v. State of Kerala

Kerala HC22 Dec 2022Crl.MC/2952/2022

Case brief

AI extract

What is this about?

The Kerala High Court allowed a criminal miscellaneous petition filed by accused persons to quash criminal proceedings. The Court held that since the dispute was private in nature and the parties had reached a settlement, no purpose would be served by continuing the prosecution. Consequently, the proceedings were quashed invoking powers under Section 482 CrPC.

What did the court decide?

The Crl.M.C. was allowed; Final Report and all further proceedings in C.C. No.3664/2020 against the petitioners were quashed.

Sooryan S Suresh Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

¶4

THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944

¶5

CRL.MC NO. 2952 OF 2022

¶6

CRIME NO.112 OF 2020 OF NAGAROOR POLICE STATION, THIRUVANANTHAPURAM

¶7

C.C. NO.3664/2020 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I,

¶8

ATTINGAL

¶9

PETITIONERS/ACCUSED:

¶10

1SOORYAN S SURESH
AGED 24 YEARS
S/ON OF SURESH,
PULIVILAKATH VEEDU, VANCHIYOOR, ALAMCODE, ATTINGAL
THIRUVANANTHAPURAM DISTRICT, PIN – 695501

¶11

2RAHUL RAJ
AGED 24 YEARS
SON OF RAJESH,
THEKKUVILA HOUSE, PAVOORKONAM, NAGAROOR VILLAGE,
NAGAROOR, THIRUVANANTHAPURAM DISTRICT, PIN – 695501

¶12

3 NANDU P NAIR AGED 28 YEARS SON OF PARAMESWARAN NAIR, PARANGIMLAVILA HOUSE, KODUVAZHANNOOR P.O., ATTINGAL, THIRUVANANTHAPURAM DISTRICT, PIN – 695501

¶13

4 ANANDU P NAIR AGED 22 YEARS SON OF PARAMESWARAN NAIR, PARANGIMLAVILA HOUSE, KODUVAZHANNOOR P.O., ATTINGAL, THIRUVANANTHAPURAM DISTRICT, PIN – 695501

¶14

BY ADV LATHEESH SEBASTIAN

¶15

RESPONDENTS:

¶16

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031

¶17

CRL.MC NO. 2952 OF 2022

¶18

2

¶19

2 STATION HOUSE OFFICER NAGAROOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT, PIN – 695601

¶20

3SRUBIN S.R
AGED 27 YEARS
SON OF SUDARSANAN,
RESIDING AT DARSANAM, THOTTAVARAM,
KODUVAZHANNOOR P.O., ATTINGAL,
THIRUVANANTHAPURAM DISTRICT, PIN – 695501
BY ADVS.
Public Prosecutor
NEETHU S.
ADV SEENA C - PP

¶21

THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 22.12.2022, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:

¶22

CRL.MC NO. 2952 OF 2022

¶23

3

¶24

ORDER

¶25

The petitioners are the accused in Crime No.112/2020 of Nagaroor Police Station which is now pending as C.C. No.3664/2020 on the files of the Judicial First Class Magistrate Court, I, Attingal. The offences alleged against the petitioners are under Sections 294(b), 323, 324, 341 and 506(ii) read with Section 34 of Indian Penal Code. The 3^rd respondent is the defacto complainant. Annexure I is the Final Report and this Crl.M.C. is filed for quashing all further proceedings pursuant to the same.

¶26

Heard Sri.Latheesh Sebastian, learned counsel appearing for the petitioners, Smt.Seena C., learned Public Prosecutor appearing for the State and Smt.Neethu S., learned counsel appearing for the 3^rd respondent.

¶27

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 same, the defacto complainant has sworn Annexure 2. The aforesaid affidavit indicates that, the matter has been settled and the defacto complainant has no subsisting grievance against the petitioners

¶28

CRL.MC NO. 2952 OF 2022

¶29

4

¶30

herein. He also conveyed that he has no objection in quashing the proceedings against the petitioners herein. The learned counsel for the 3^rd respondent/defacto complainant also confirmed the same. The learned Public Prosecutor upon instructions submitted that the veracity of the settlement was verified by the Station House officer

¶31

concerned and before the SHO also, the defacto complainant has reiterated that, he does not have any objection in quashing the proceedings as he has no subsisting grievance against the petitioners herein.

¶32

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

¶33

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

¶34

¶35

CRL.MC NO. 2952 OF 2022

¶36

can be invoked.

¶37

Accordingly, this Crl.M.C. is allowed. Annexure 1 Final Report in Crime No.112/2020 of Nagaroor Police Station and all further proceedings in No.3664/2020 on the files of the Judicial First Class Magistrate Court, I, Attingal as against the petitioners are hereby quashed.

¶38

Sd/-

¶39

ZIYAD RAHMAN A.A.
JUDGE

¶40

scs

¶41

CRL.MC NO. 2952 OF 2022

¶42

¶43

APPENDIX OF CRL.MC 2952/2022

¶44

PETITIONER ANNEXURES
Annexure1CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 112/2020 OF NAGAROOR POLICE
STATION.
Annexure2ORIGINAL AFFIDAVIT OF THE 3RD
RESPONDENT DATED 22.03.2022 STATING
ABOUT THE SETTLEMENT OF THE DISPUTES
AND COMPOUNDING OF THE CRIME.

Sooryan S Suresh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sooryan S Suresh v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Suresh Babu @ Sundaran Binu Vs State of Kerala

Agasthyanath, Vs Principal Secretary

Rmp Info Tec Pvt.Ltd. Company Vs State of Kerala

Dharman K Vs State of Kerala

Dr. Anu.v Vs State of Kerala

Madhukumar Vs the State Police Chief