Allowed

Nithin @ Nithen Clement, v. State of Kerala

Kerala HC7 Dec 2022Crl.MC/3774/2021

Case brief

AI extract

What is this about?

The High Court allowed a criminalMisc case to quash proceedings against the second accused. Disputing the private nature of the offences under IPC Sections 341, 452, 324, and 379 read with 34, the court held that a settlement had been arrived at, and continuing the prosecution served no purpose.

What did the court decide?

All further proceedings pursuant to Annexure-A1 Final Report in Crime No.469/2011 and all further proceedings in C.C No. 2727/2018 against the petitioner are hereby quashed.

Nithin @ Nithen Clement, Vs State of Kerala — Cheating and Forgery | 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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WEDNESDAY, THE 7^TH DAY OF DECEMBER 2022 / 16TH AGRAHAYANA, 1944

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CRL.MC NO. 3774 OF 2021

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AGAINST THE ORDER/JUDGMENT CC 2727/2018 OF TEMPORARY COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS , THIRUVANANTHAPURAM (JMFC XII)

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PETITIONER/2ND ACCUSED:

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NITHIN @ NITHEN CLEMENT, AGED 36 YEARS S/O. CLAMENT, RESIDING AT T.C. 71/1036, NEAR MINI CONVENT, VALIYATHURA, MUTTATHURA VILLAGE, THIRUVANANTHAPURAM DISTRICT 605 009.

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BY ADVS. J.R.PREM NAVAZ SUMEEN S.

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RESPONDENT/STATE:

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

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2 JOSEPH PEREIRA S/O. JOHN PEREIRA, RESIDING AT BLESSED HOME, T.C. 45/10101-2, EAST OF MINI CONVENT, VALIYATHURA MUTTATHURA VILLAGE, THIRUVANANTHAPURAM DISTRICT 695 009. BY ADV AJOY VENU

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SR PP SMT SREEJA V

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C No.37 74 of 2021

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O R D E R

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The petitioner is the 2 nd accused in Crime No.469/2011 of Valiyathura Police Station which is now pending as C.C No.2727/2018 before the Temporary Court of Judicial Magistrate of First Class, Thiruvananthapuram. The offences alleged against the petitioner and the other accused are punishable under Sections 341, 452, 324 and 379 read with Section 34 of Indian Penal Code. Annexure-A1 is the Final Report submitted by the police. This Crl.M.C is filed to quash all further proceedings pursuant thereto.

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2 . Heard Sri.J.R.Prem Navaz, the learned counsel appearing for the petitioner, Smt.Sreeja V, the learned Public Prosecutor appearing for the State and Sri. Ajoy Venu, the learned counsel appearing for the 2nd respondent.

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3 . The prayer for quashing the above proceedings is sought for by the petitioner on the ground that, the dispute between the parties has been settled and to substantiate the same, the injured person /2nd respondent has sworn Annexure-A2 affidavit. The aforesaid affidavit indicates that, the matter has

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Crl.M.C No.37 74 of 2021

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been settled and the 2nd respondent has no subsisting grievance against the petitioner herein. He also conveyed that he has no objection in quashing the proceedings against the petitioner 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 2nd respondent has reiterated that, he does not have any objection in quashing the proceedings as he has no subsisting grievance against the petitioner herein.

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4 . 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 petitioner 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 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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Crl.M.C No.37 74 of 2021

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Accordingly, this Crl.M.C. is allowed. All further proceedings pursuant to Annexure-A1, Final Report in Crime No.469/2011 of Valiyathura Police Station and all further proceedings in C.C No. 2727/2018 which is now pending before the Temporary Court of Judicial Magistrate of First Class, Thiruvananthapuram as against the petitioner who is the 2 nd accused are hereby quashed.

Sd/-

ZIYAD RAHMAN A.A

JUDGE

rpk

Crl.M.C No.37 74 of 2021

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APPENDIX OF CRL.MC 3774/2021

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PETITIONER ANNEXURES

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Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT/ CHARGE SHEET IN CRIME NO. 469 OF 2011 OF VALIYATHURA POLICE STATION, THIRUVANANTHAPURAM DISTRICT. Annexure A2 THE AFFIDAVIT, SOLEMNLY AFFIRMED BY THE 2ND RESONANT./DEFACTO COMPLAINANT.

Nithin @ Nithen Clement, v. State of Kerala

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Nithin @ Nithen Clement, v. State of Kerala

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