Allowed

Chikku Anzal v. State of Kerala

Kerala HC1 Apr 2022Crl.MC/49/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an application under Section 482 CrPC to quash criminal proceedings against the appellants facing charges for mischief and criminal trespass. The proceedings were quashed as the parties had reached a settlement and there was no public interest in continuing the trial.

What did the court decide?

The entire proceedings in C.C. No. 3440/2015 before the Judicial First Class Magistrate's Court, Kollam are quashed and the petitioners stand exonerated.

Chikku Anzal 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 K.HARIPAL

¶4

FRIDAY, THE 1^ST DAY OF APRIL 2022 / 11TH CHAITHRA, 1944

¶5

CRL.MC NO. 49 OF 2022

¶6

CC 3440/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - II,

¶7

KOLLAM

¶8

CRIME NO. 554/2014 OF SAKTHIKULANGARA POLICE STATION

¶9

PETITIONERS/ACCUSED NOS. 1 & 2:

¶10

1 CHIKKU ANZAL AGED 31 YEARS

¶11

S/O. ANZAL, ERAPPURAMPOYKAYIL HOUSE, SAKTHIKULANGARA CHERRY, SAKTHIKULANGARA VILLAGE, SAKTHIKULANGARA PO, KOLLAM-691581.

¶12

2 HENRY, AGED 57 YEARS S/O. PETER, KOCHUTHOPPIL VEEDU, NEAR ST. JOHN BRITO CHURCH, SAKTHIKULANGARA CHERRY, SAKTHIKULANGARA VILLAGE, SAKTHIKULANGARA PO, KOLLAM-691581.

¶13

BY ADV M.RAJESH

¶14

RESPONDENTS/COMPLAINANTS:

¶15

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

¶16

2 THE SUB INSPECTOR OF POLICE, SAKTHIKULANGARA POLICE STATION, KAVANADU PO, KOLLAM (DIST.), -691003.

¶17

3 SHAJI PIOUOS AGED 53 YEARS S/O. PIOUS, SACARIA VILLA, SAKTHIKULANGARA VILLAGE, SAKTHIKULANGARA CHERRY, SAKTHIKULANGARA PO, KOLLAM (DIST), -691581.

¶18

R1 & R2 BY SRI. VIPIN NARAYAN, SENIOR PUBLIC PROSECUTOR R3 BY ADV C.R.JAYAKUMAR

¶19

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶20

Crl.M.C.No.49 OF 2022 2

¶21

ORDER

¶22

Accused in C.C. No. 3440/2015 on the file of the Judicial

¶23

First Class Magistrate's Court – II, Kollam who face allegations under Sections 447, 427 read with 34 of the Indian Penal Code have moved under Section 482 of the Code of Criminal Procedure seeking to quash the entire proceedings on the ground of settlement. That crime was registered on the first information furnished by the third respondent alleging that on 21.04.2014 at 3.30 A.M., the accused persons had trespassed upon the courtyard of the residence of the defacto complainant and caused mischief by damaging the window glasses of car bearing No. KL-02-AF-4005 parked in the courtyard and caused him a loss of Rs. 25,000/-. It is submitted that the matter is settled. Such a settlement has been confirmed by the learned Senior Public Prosecutor also.

¶24

Moreover, Annexure 2 affidavit of the third respondent, defacto complainant indicates that the matter is settled, that he does not want to continue the proceedings.

¶25

Crl.M.C.No.49 OF 2022 3

¶26

In the circumstances that the third respondent has

¶27

condoned the acts of the petitioners and filed an affidavit

¶28

confirming the settlement, there is no purpose in continuing the proceedings. There is no public interest involved in the case.

¶29

Therefore, entire proceedings in C.C. No. 3440/2015 on the file of the Judicial First Class Magistrate's Court – II, Kollam are quashed and the petitioners shall stand exonerated.

¶30

The Crl.M.C. is allowed as above.

SD/-

K.HARIPAL

JUDGE

DCS/01.04.2022

Crl.M.C.No.49 OF 2022 4

¶36

APPENDIX

¶37

PETITIONER'S ANNEXURE

¶38

ANNEXURE 1 THE CERTIFIED COPY OF CHARGE SHEET IN CRIME NO.554/2014 OF SAKTHIKULANGARA POLICE STATION.

¶39

ANNEXURE 2 AN AFFIDAVIT SUBMITTED BY THE 3RD RESPONDENT DATED 1.1.2022.

Chikku Anzal v. State of Kerala

Case brief

What is this about?

What did the court decide?

Chikku Anzal 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jinesh Vs State of Kerala

Abdul Khader Vs Kishore

Mohammed Shafi Vs State of Kerala

Jasid Vs the State of Kerala

Abin Alocious Vs State of Kerala

Sindhu Sreedharan Vs State of Kerala