Allowed

Balan v. State of Kerala

Kerala HC7 Dec 2022Crl.MC/6776/2022

Case brief

AI extract

What is this about?

This miscellaneous petition was admitted to quash the final report in a criminal case involving multiple accused. The court noted an amicable settlement between parties and relied on Supreme Court precedents to quash proceedings under Section 482 Cr.P.C., finding no public interest hindered.

What did the court decide?

The Criminal Miscellaneous Case is allowed and the Final Report in S.C. No. 974 of 2021 is quashed.

Balan 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 DR. JUSTICE KAUSER EDAPPAGATH

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WEDNESDAY, THE 7^TH DAY OF DECEMBER 2022 / 16TH AGRAHAYANA,

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1944

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CRL.MC NO. 6776 OF 2022

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SC 974/2021 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT -

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II, MANJERI / II ADDITIONAL MACT, MANJERI

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PETITIONERS/ACCUSED NOS.1 TO 11:

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1 BALAN

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AGED 56 YEARS

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S/O JANAKI, MELEPPAATTUTHODI HOUSE, MELETHIL, PADINJARAKULAMB, KOLATHUR P.O., MANJERI, MALAPPURAM, PIN - 679338

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2 DIVIN

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AGED 23 YEARS

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S/O BALAN, MELEPPAATTUTHODI HOUSE, MELETHIL, PADINJARAKULAMB, KOLATHUR P.O., MANJERI, MALAPPURAM, PIN - 679338

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3 VISHNUDAS AGED 29 YEARS

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S/O DEVADAS, AMMAYATHINGAL HOUSE, PADINJARAKULAMB, KOLATHUR P.O., MANJERI, MALAPPURAM, PIN - 679338

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4 SREEKANTH AGED 28 YEARS S/O NARAYANAN, NEDUMPARAMBIL HOUSE, PADINJARAKULAMB, KOLATHUR P.O., MANJERI,

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MALAPPURAM, PIN - 679338

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5 SUNILKUMAR AGED 33 YEARS S/O BALAN, KADUKKASSERY HOUSE, KOLATHUR P.O., MANJERI, MALAPPURAM., PIN - 679338

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6 VIPINDAS AGED 28 YEARS S/O MURALIDAS, MELEMANAKKATHODI HOUSE,

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CRL.MC NO. 6776 OF 2022

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KOLATHUR P.O., MANJERI, MALAPPURAM, PIN - 679338

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7 ANOOP AGED 35 YEARS S/O SUBRAMANYAN, MANIYODATHIL HOUSE, PADINJARAKULAMB, KOLATHUR P.O., MANJERI, MALAPPURAM, PIN - 679338

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8 SAKHILESH AGED 27 YEARS S/O MANIKANTAN, KADUKKASSERY HOUSE, PADINJARAKULAMB, KOLATHUR P.O., MANJERI, MALAPPURAM, PIN - 679338

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9 SHANKERDAS AGED 22 YEARS

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S/O MOHANDAS, NELLATT HOUSE, PADINJARAKULAMB, KOLATHUR P.O., MANJERI, MALAPPURAM, PIN - 679338

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10 ABHIJITH AGED 22 YEARS S/O MOHANDAS, VATTAPARAMBIL HOUSE, PADINJARAKULAMB, KOLATHUR P.O., MANJERI, MALAPPURAM, PIN - 679338

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11 ARUN

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AGED 20 YEARS S/O GOPALAKRISHNAN, MANAKKATHUTODI HOUSE, PADINJARAKULAMB, KOLATHUR P.O., MANJERI, MALAPPURAM, PIN - 679338

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BY ADV C.Y.VINOD KUMAR

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RESPONDENTS/STATE, INVESTIGATING OFFICER & INJURED PERSONS:

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

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2 INSPECTOR OF POLICE KOLATHUR POLICE STATION, VALANCHERRY - NILAMBUR ROAD, KOLATHUR,

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CRL.MC NO. 6776 OF 2022

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MANJERI, MALAPPURAM, PIN - 679338

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3 KRISHNA KIRAN AGED 23 YEARS, S/O RAMAKRISHNAN, KOOMULLIKKALAM HOUSE, KOLATHUR P.O, MOORKKANAD PANCHAYATH, MOORKKANAD VILLAGE, PERINTHALMANNA THALUK, MALAPPURAM, PIN - 679338

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4 SANAL AGED 22 YEARS S/O UNNIKRISHNAN, KOOMULLIKKALAM HOUSE, KOLATHUR P.O, MOORKKANAD PANCHAYATH, MOORKKANAD VILLAGE, PERINTHALMANNA THALUK, MALAPPURAM, PIN - 679338

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5 SHARATH AGED 21 YEARS S/O KUNJAN, KOOMULLIKKALAM HOUSE, KOLATHUR P.O, MOORKKANAD PANCHAYATH, MOORKKANAD VILLAGE, PERINTHALMANNA THALUK, MALAPPURAM, PIN - 679338

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6 PRANAV LAL AGED 22 YEARS S/O PARAMESWARAN, KOOMULLIKKALAM HOUSE, KOLATHUR P.O, MOORKKANAD PANCHAYATH, MOORKKANAD VILLAGE, PERINTHALMANNA THALUK, MALAPPURAM, PIN - 679338

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7 LAL PRASAD AGED 29 YEARS S/O PARAMESWARAN, KOOMULLIKKALAM HOUSE, KOLATHUR P.O, MOORKKANAD PANCHAYATH, MOORKKANAD VILLAGE, PERINTHALMANNA THALUK, MALAPPURAM, PIN - 679338

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8 SAJITHA AGED 50 YEARS W/O KUNJAN, KOOMULLIKKALAM HOUSE, KOLATHUR P.O, MOORKKANAD PANCHAYATH, MOORKKANAD VILLAGE, PERINTHALMANNA THALUK, MALAPPURAM, PIN - 679338

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9 PREMA

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AGED 50 YEARS W/O SETHU, KOOMULLIKKALAM HOUSE, KOLATHUR P.O,

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CRL.MC NO. 6776 OF 2022

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MOORKKANAD PANCHAYATH, MOORKKANAD VILLAGE, PERINTHALMANNA THALUK, MALAPPURAM, PIN - 679338

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10 LAKSHMI K. AGED 50 YEARS W/O CHATHAN, KOOMULLIKKALAM HOUSE, KOLATHUR P.O, MOORKKANAD PANCHAYATH, MOORKKANAD VILLAGE, PERINTHALMANNA THALUK, MALAPPURAM, PIN - 679338

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11 REJANI K. AGED 44 YEARS W/O VELAYUDHAN, KOOMULLIKKALAM HOUSE, KOLATHUR P.O, MOORKKANAD PANCHAYATH, MOORKKANAD VILLAGE, PERINTHALMANNA THALUK, MALAPPURAM, PIN - 679338

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12 CHINJU K. AGED 32 YEARS W/O AJAYAKUMAR, KOOMULLIKKALAM HOUSE, KOLATHUR P.O, MOORKKANAD PANCHAYATH, MOORKKANAD VILLAGE, PERINTHALMANNA THALUK, MALAPPURAM, PIN - 679338

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BY ADV P.S.PRASOBH

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OTHER PRESENT:

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SRI P G MANU-SR PP

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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.MC NO. 6776 OF 2022

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O R D E R

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This Crl.M.C. has been preferred to quash Annexure-A1 Final Report in S.C.No.974 of 2021 on the files of the Additional Sessions Court-II, Manjeri, Malappuram District on the ground of settlement between the parties.

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The petitioners are the accused Nos.1 to 11. The 3^rd respondent is the de facto complainant. The respondent Nos.4 to 12 are the injured.

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The offences alleged against the petitioners are punishable under Sections 143, 147, 148, 323, 324, 308, 506(i), 354, 427 r/w 149 of IPC.

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The respondents 3 to 12 entered appearance through counsel. Affidavits sworn in by them are also produced.

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I have heard Sri.C.Y.Vinod Kumar, the learned counsel for the petitioners, Sri.P.S.Prasobh, the learned counsel for the respondents 3 to 12 and Sri.P.G.Manu, the learned Senior Public Prosecutor.

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The averments in the petition as well as the affidavits sworn in by the respondents 3 to 12 would show that the entire dispute between the parties has been amicably settled and the de

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CRL.MC NO. 6776 OF 2022

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facto complainant has decided not to proceed with the criminal proceedings further. The learned Prosecutor, on instruction, submits that the matter was enquired into through the investigating officer and a statement of the de facto complainant was also recorded wherein they reported that the matter was amicably settled.

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The Apex Court in Gian Singh v. State of Punjab [2012 (4) KLT 108 (SC)], Narinder Singh and Others v. State of Punjab and Others [(2014) 6 SCC 466] and in State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688] has held that the High Court by invoking S.482 of Cr.P.C can quash criminal proceedings in relation to non compoundable offence where the parties have settled the matter between themselves notwithstanding the bar under S.320 of Cr.P.C. if it is warranted in the given facts and circumstances of the case or to ensure the ends of justice or to prevent abuse of process of any Court.

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The dispute in the above case is purely personal in nature. No public interest or harmony will be adversely affected by quashing the proceedings pursuant to Annexure-A1. The offences in question do not fall within the category of offences prohibited for

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CRL.MC NO. 6776 OF 2022

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compounding in terms of the pronouncement of the Apex Court in Gian Singh (supra), Narinder Singh (supra) and Laxmi Narayan (supra).

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For the reasons stated above, I am of the view that no purpose will be served in proceeding with the matter any further. Accordingly, the Crl.M.C. is allowed. Annexure-A1 Final Report in S.C.No.974 of 2021 on the files of the Additional Sessions Court-II, Manjeri, Malappuram District hereby stands quashed.

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Sd/- DR.KAUSER EDAPPAGATH, JUDGE

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CRL.MC NO. 6776 OF 2022

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APPENDIX OF CRL.MC 6776/2022

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PETITIONERS' ANNEXURES:

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ANNEXURE1	CERTIFIED COPY OF THE FINAL REPORT IN S.C. NO. 974/2021 ON THE FILE OF THE ADDITIONAL SESSIONS COURT - II, MANJERI, MALAPPURAM
ANNEXURE A2	TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT/CW1
ANNEXURE A3	TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 4TH RESPONDENT/CW2
ANNEXURE A4	TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 5TH RESPONDENT/CW3
ANNEXURE A5	TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 6TH RESPONDENT/CW4
ANNEXURE A6	TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 7TH RESPONDENT/CW15
ANNEXURE A7	TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 8TH RESPONDENT/CW6
ANNEXURE A8	TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 9TH RESPONDENT/CW7
ANNEXURE A9	TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 10TH RESPONDENT/CW8
ANNEXURE A10	TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 11TH RESPONDENT/CW9
ANNEXURE A11	TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 12TH RESPONDENT/CW10

Balan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Balan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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