Allowed

Prathyush K.K v. Muhammed Rifayath.O

Kerala HC23 Aug 2022Crl.MC/3569/2022

Case brief

AI extract

What is this about?

The High Court of Kerala quashed further criminal proceedings against the petitioner in a private dispute case involving theIPCSections 323, 324, 308, 294(b), and 34, relying on the principles established in Gian Singh v. State of Punjab upon confirmation of settlement by the victim.

What did the court decide?

Criminal M.C. No.3569/2022 allowed; all further proceedings in C.P. No.16/2022 against the petitioner quashed along with the Final Report.

Prathyush K.K Vs Muhammed Rifayath.O — 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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TUESDAY, THE 23^RD DAY OF AUGUST 2022 / 1ST BHADRA, 1944

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CRL.MC NO. 3569 OF 2022

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CP 16/2022 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE

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,THALASSERY

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PETITIONER/S:

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PRATHYUSH K.K AGED 19 YEARS SON OF PREMAN, KATTILLE KAYANARATH HOUSE, PUTHUR AMSOM, CHENDAYAD, AKKANISSERY, KANNUR DISTRICT, PIN - 670692 BY ADV V.BINOY RAM

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RESPONDENT/S:

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1 MUHAMMED RIFAYATH.O AGED 20 YEARS

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SON OF MUHAMMOOD, OTHAYOTH HOUSE, PUTHUR AMSOM, CHENDAYAD, KUNUMMEL, KANNUR DISTRICT, PIN - 670692

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2 STATE OF KERALA

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REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

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ADV VIPIN NARAYAN-PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.08.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C.No.3569/2022

: 2 :

ORDER

Dated this the 23^rd day of August, 2022

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The petitioner is the 2^nd accused in crime No.861/2021 of Panoor Police Station, which is now pending as C.P. No.16/2022 before the Additional Chief Judicial Magistrate's Court, Thalassery. The offences alleged against the petitioner are under Sections 323, 324, 308, 294(b) read with Section 34 of the Indian Penal Code.

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The prosecution case is that, on 31.10.2021 at 10.45 p.m., the petitioner along with two other accused on account of political rivalry, attacked the 1^st respondent with weapons and caused injuries to him. Annexure-1 is the F.I.R. and Annexure-2 is the final report submitted by the Police. The 1^st accused is no more and the 3^rd accused is a juvenile. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-2 final report.

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Heard Sri. V. Binoy Ram, the learned counsel appearing for the petitioner, Sri. Vipin Narayan, the learned Public

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Crl.M.C.No.3569/2022

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: 3 :

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Prosecutor for the State and Sri. P. Premarajan, the learned counsel appearing for the 1^st respondent.

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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-3 affidavit sworn by the 1^st respondent is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the 1^st respondent had specifically acknowledged the aforesaid settlement and also conveyed the no-objection to quash the proceedings against the petitioner herein. The learned counsel appearing for the 1^st 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

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Crl.M.C.No.3569/2022

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: 4 :

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allowing the prosecution to continue.

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In the result, this Crl.M.C. is allowed and Annexure-2 final report submitted in crime No.861/2021 of Panoor Police Station and all further proceedings in C.P. No.16/2022 on the files of the Additional Chief Judicial Magistrate's Court, Thalassery, against the petitioner are hereby quashed.

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Sd/ZIYAD RAHMAN A.A. JUDGE

ncd

Crl.M.C.No.3569/2022

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APPENDIX OF CRL.MC 3569/2022

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PETITIONER ANNEXURES Annexure1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT DATED 01-11-2021 IN CR. NO: 861 / 2021 OF PANOOR POLICE STATION Annexure2 CERTIFIED COPY OF THE FINAL REPORT DATED 24-03-2022 IN CR. NO: 861 / 2021 OF PANOOR POLICE STATION Annexure3 ORIGINAL AFFIDAVIT DATED 28-05-2022

Prathyush K.K v. Muhammed Rifayath.O

Case brief

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Prathyush K.K v. Muhammed Rifayath.O

Case brief

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