Allowed

Ramesh v. State of Kerala

Kerala HC20 Sept 2022Crl.MC/4844/2021

Case brief

AI extract

What is this about?

The High Court of Kerala quashed criminal proceedings against the petitioner, the first accused in a murder and assault case, citing the settled dispute, the affidavit submitted by the victim, and the private nature of the dispute as grounds for exercising powers under Section 482 CrPC.

What did the court decide?

The Criminal Miscellaneous Case and all further proceedings in Sub Court No. 158/2019 against the petitioner as the first accused were quashed.

Ramesh Vs State of Kerala — 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 2^ND DAY OF AUGUST 2022 / 11TH SRAVANA, 1944

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CRL.MC NO. 4844 OF 2021

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AGAINST THE ORDER/JUDGMENT IN SC 158/2019 OF SUB COURT,

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MAVELIKKARA

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PETITIONER/S:

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RAMESH AGED 46 YEARS S/O. KARTHIKEYAN, 313, DEIVAPURAKKAL VEETTIL, KAITHA VADAKKUM MURI, KANNAMANGALAM VILLAGE, CHETTIKULANGARA P.O., ALAPPUZHA-690106.

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BY ADVS. ARUN.B.VARGHESE VARNA MANOJ AISWARYA V.S.

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2 SARASWATHI AGED 59 YEARS W/O. ANANDHAN, ANANDHA BHAVANAM (HOUSE), KAITHA VADAKKUM MURI, KANNAMANGALAM VILLAGE, CHETTIKULANGARA P.O., ALAPPUZHA-690106. 3 ABHILASH KUMAR (IMPLEADED AS PER ORDER DATED 02.08.2022.) S/O ANANDAN, ANANDHA B HAVANAM QLOUSE), KAITHA VADAKKUM MURI,

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Crl.M.C.No. 4844 of 2021

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KANNANIANGALALN VILLAGE, CHETTIKULANGARA P.O, ALAPPUZHA (IMPLEADED AS PER ORDER DATED 02.08.2022.) BY ADVS. ASWATHY KRISHNAN SAYUJYA

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OTHER PRESENT:

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ADV C S HRITHWIK -SR PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.08.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No. 4844 of 2021

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ZIYAD RAHMAN A.A., J

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…...................................

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Crl.M.C.No. 4844 of 2021

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…....................................................... Dated this the 2^nd day of August, 2022

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ORDER

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The petitioner is the 1^st accused in Crime No.496/2002 of Mavelikkara Police Station, which is now pending as S.C.No.158/2018 on the files of Assistant Sessions Court, Mavelikkara. The offences alleged are under Sections 143, 144, 323, 324, 308 and r/w Section 149 of the Indian Penal Code.

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The prosecution case is that the accused persons total 5 in numbers on 03.10.2002, formed into an unlawful assembly and assaulted the 3^rd respondent. In respect of the same, the 2^nd respondent submitted a complaint, the case was registered and the same is now pending as S.C.No.158/2019 before the Assistant Sessions Court, Mavelikkara as against the petitioner. Annexure A1 is the Final Report submitted by the police and this Crl.M.C is filed for quashing all further proceedings against the petitioner pursuant to the aforesaid case.

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Crl.M.C.No. 4844 of 2021

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Heard, Sri. Arun B. Varghese, the learned counsel appearing for the petitioner, Sri. C.S. Hrithwik, the learned Public Prosecutor appearing for the State and Smt. Aswathy Krishnan, the learned counsel appearing for the 2^nd and 3^rd respondents.

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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 has sworn Annexure AII affidavit. The aforesaid affidavit indicates that, the matter has been settled and the injured person has no subsisting grievance against the petitioner herein. She also conveyed that She has no objection in quashing the proceedings against the petitioner herein. The learned counsel for the 2^nd respondent 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 2^nd respondent has reiterated that, She does not have any objection in quashing the proceedings as she has no subsisting grievance against the petitioner herein.

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Crl.M.C.No. 4844 of 2021

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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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Accordingly, this Crl.M.C. is allowed. Annexure AI final report in Crime No.496/2002 of Mavelikkara Police Station and all further proceedings in S.C.No.158/2018 on the files of Assistant Sessions Court, Mavelikkara as against the petitioner are hereby quashed.

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Sd/-

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ZIYAD RAHMAN A.A., JUDGE

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Dxy

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Crl.M.C.No. 4844 of 2021

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The Sessions Court Case number ''SC 158/2018'' mentioned in the final order dated 02.08.2022 stands corrected and substituted as ''SC 158/2019'' wherever it occurs as per order dated 23.09.2022 in Crl.M.A.3/2022 in Crl.M.C.4844/2021.

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Sd/Deputy Registrar

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Crl.M.C.No. 4844 of 2021

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APPENDIX OF CRL.MC 4844/2021

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PETITIONER ANNEXURES

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Annexure A1 CERTIFIED COPY OF THE FINAL REPORT IN S.C.NO.158/2019 PENDING ON THE FILES OF THE SUB JUDGE AND ASSISTANT SESSIONS JUDGE, MAVELIKARA. Annexure A II AFFIDAVIT FILED BY THE 2ND RESPONDENT.

Ramesh v. State of Kerala

Case brief

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Ramesh v. State of Kerala

Case brief

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