Allowed

Anoop v. State of Kerala

Kerala HC22 Feb 2022Crl.MC/913/2022

Case brief

AI extract

What is this about?

The High Court of Kerala quashed criminal proceedings under Section 379 IPC where the aggrieved owner (Panchayat) resolved that no public interest was involved, the offence was compounded, and the penalty was paid. The Court held the offence was compoundable and exonerated the accused.

What did the court decide?

Criminal proceedings in Crime No.507/2021 quashed; petitioner and fourth respondent exonerated.

Anoop Vs State of Kerala — Constitutional and Fundamental Rights | 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 K.HARIPAL

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TUESDAY, THE 22^ND DAY OF FEBRUARY 2022 / 3RD PHALGUNA, 1943

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CRL.MC NO. 913 OF 2022

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THE PROCEEDING IN CRIME NO.507 OF 2021 (OF THOTTILPALAM POLICE STATION)ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE, NADAPURAM IN KOZHIKODE DISTRICT.

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PETITIONER/1ST ACCUSED:

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ANOOP AGED 44 YEARS S/O GOPI NARAYANAKURUP, ABHILASH HOUSE, EDODI, VATAKARA, KOZHIKODE DISTRICT, PIN-673 101. KOZHIKODE, PIN - 673101 BY ADVS. T.H.ARAVIND T.RAMPRASAD UNNI S.M.PRASANTH R.S.ASWINI SANKAR G.RENJITH

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RESPONDENTS/STATE, COMPLAINANT, DEFACTO COMPLAINANT AND 2ND

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ACCUSED:

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1 STATE OF KERALA HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 THE STATION HOUSE OFFICER, THOTTILPALAM POLICE STATION THOTTILPALAM, KOZHIKODE DISTRICT, PIN - 673513 3 THE SECRETARY MARUTHONKKARA GRAMA PANCHAYAT, MARUTHONKKARA P.O., KOZHIKODE DISTRICT, PIN - 673 513 4 RASHEED S/O MOIDU, KUNIYIL HOUSE, KOOTHALI,

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Crl.M.C.No.913 of 2022

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KOZHIKODE DISTRICT, PIN - 673 525. KOZHIKODE, PIN - 673525 BY ADV PUBLIC PROSECUTOR

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SR.PP - SRI. VIPIN NARAYANAN

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.913 of 2022

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ORDER

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Petitioner is the first accused in Crime No.507/2021 of Thottilpalam police station, lodged with Judicial First Class Magistrate's Court, Nadapuram. The crime was registered on 27.01.2021 on the strength of the complaint given by the Secretary of Maruthonkara Grama Panchayat, alleging offence under Sections 379 and 34 of the IPC. The precise allegation against the petitioner and the 4^th respondent was that on 23.03.2021, they had cut and removed two teak trees stood in the 'purambokku' property vested in the panchayath which stood in Chenaveli; thus offence under Sections 379 read with 34 of the IPC is alleged against the petitioner and the 4^th respondent.

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The investigation is in progress. During the course of investigation, the matter is settled with the 3^rd respondent, the Panchayat and on that basis, an application was moved under Section 320 of the Cr.P.C seeking leave of the court to compound the offence, but by Annexure-E order, the learned Magistrate

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Crl.M.C.No.913 of 2022

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dismissed the application. Aggrieved by the same, the petitioner has moved this Court under Section 482 of the Cr.P.C for quashing the entire proceedings.

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I heard the learned Senior Counsel for the petitioner and also the learned Senior Public Prosecutor representing respondents 1 and 2.

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Learned Senior Counsel for the petitioner also relied on the decision reported in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others v. State of Gujarat and another [(2017) 9 SCC 641] and submitted that since it was a dispute having civil flavour, on the basis of the resolution adopted by the panchayat, the Secretary of the panchayat had moved the court and on that basis, the court should not have declined to grant permission to compound the case.

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The learned Senior Public Prosecutor has made available the copy of the resolution of the panchayat. It is stated claiming the petitioner himself as the owner of the property, two teak trees stood in the property were cut and removed. Later on

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Crl.M.C.No.913 of 2022

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conducting survey, it came out that the trees stood in the land vested in the panchayat and thus the panchayat imposed him a fine of Rs.20,000/- which was readily paid to pachayat fund. The resolution of the panchayat indicates that the petitioner had given 35 cents of land for the development of the road and that he is interested in such philanthropic activities, so the panchayat resolved not to proceed against him and to compound the offence. Copy of the receipt showing payment of Rs.20,000/- also has been placed for perusal by the learned Public Prosecutor.

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After hearing learned counsel on both sides, I have no doubt that no public interest is involved in the matter. The teak trees, on surveying the property, found standing in the property vested with the panchayat and thus after initiating criminal proceedings, the wooden pieces were recovered. The panchayat did not sustain any loss and later adopted a resolution for compounding the offence. Penalty imposed by the panchayat has already been remitted by the petitioner.

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Offence under Section 379 of the IPC falls under the

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Crl.M.C.No.913 of 2022

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1^st part of Section 320 of the Cr.P.C. In other words, even if final

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report is not filed, it is a matter compoundable at the instance of

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the owner of the property stolen. Panchayat as the owner has decided to compound the offence.

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In the circumstance and in the absence of any public interest, entire proceedings in Crime No.507/2021 of Thottilppalam police station are quashed and the petitioner and

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the 4^th respondent shall stand exonerated.

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Crl.M.C is allowed as above.

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Sd/- K.HARIPAL JUDGE

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Jms/22.02

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//True Copy// P.A to Judge

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Crl.M.C.No.913 of 2022

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APPENDIX OF CRL.MC 913/2022

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PETITIONER ANNEXURES

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Annexure A TRUE COPY OF COMPLAINT DT. 23.10.2021 BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT Annexure B TRUE COPY OF FIRST INFORMATION REPORT IN CRIME NO. 507 OF 2021 OF THE THOTTILPALAM POLICE STATION Annexure C TRUE COPY OF PETITION DT. 04.12.2021 SUBMITTED BY R3 BEFORE THE JFCM, NADAPURAM IN CRIME NO. 507 OF 2021 Annexure D TRUE COPY OF PETITION DT. 04.12.2021 FOR COMPOUNDING SUBMITTED BY R3 BEFORE JFCM, NADAPURAM IN CRIME NO. 507 OF 2021 Annexure E TRUE COPY OF ORDER DT. 05..01..2022 IN C.M.P. NO. 3995 OF 2021 IN CRIME NO. 507 OF 2021 ON THE FILE OF THE JFCM, NADAPURAM

Anoop v. State of Kerala

Case brief

What is this about?

What did the court decide?

Anoop v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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