Allowed

Sandeep S Kumar v. State of Kerala

Kerala HC21 Dec 2022Crl.MC/9163/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition seeking quashing of criminal proceedings under Section 482 Cr.P.C. invoking principles from Gian Singh v. State of Punjab. The court found the dispute private and settled, authorizing the quashing of all further proceedings against the petitioners.

What did the court decide?

The criminal miscellaneous case was allowed; all further proceedings in C.C. No.747/2022 and the police final report were quashed.

Sandeep S Kumar 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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WEDNESDAY,THE 21^ST DAY OF DECEMBER 2022/30TH AGRAHAYANA,1944

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CRL.MC NO. 9163 OF 2022

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AGAINST THE ORDER/JUDGMENTCC 747/2022 OF JUDICIAL

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MAGISTRATE OF FIRST CLASS -I,PATHANAMTHITTA

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PETITIONER/S:

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1 SANDEEP S KUMAR, AGED 29 YEARS S/O K K SASIKUMAR, KIZHAKKECHERUVIL ,EDAYARANMULA ARANMULA , PATHANAMTHITTA KERALA 689 532

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2 SARAN S KUMAR, AGED 32 YEARS S/O K K SASIKUMAR KIZHAKKECHERUVIL ,EDAYARANMULA ARANMULA , PATHANAMTHITTA KERALA 689 532, PIN - 689532 BY ADV SREEHARI INDUKALADHARAN

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031, PIN - 682031

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2 APPUKUTTAN AGED 70 YEARS S/O RAMAKRISHNAN KURICHIMUTTAM , KIDANGANNUR , ARANMULA , PATHANAMTHITTA DISTRICT ,KERALA- 689532, PIN - 689532

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3 THE STATION HOUSE OFFICER ARANMULA POLICE STATION, PATHANAMTHITTA-689 532., PIN - 689532 BY ADV M.MANOJ KUMAR ADV. SREEJA. V - PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C.No.9163/2022

: 2 :

ORDER

Dated this the 21^st day of December, 2022

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The petitioners are accused in crime No.503/2022 of Aranmula Police Station, which is now pending as C.C. No.747/2022 before the Judicial First Class Magistrate's Court, Pathanamthitta. The offences alleged against the petitioners are under Sections 294(b), 341, 323, 324, 506 read with Section 34 of the Indian Penal Code.

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The 2^nd respondent is the defacto complainant. Annexure-A1 is the F.I.R. and Annexure-AII is the final report submitted by the Police. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-AII final report.

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Heard Sri. Sreehari Indukaladharan, the learned counsel appearing for the petitioners, Smt. Sreeja V., the learned Senior Public Prosecutor for the State and Sri. M. Manoj Kumar, the learned counsel appearing for the 2^nd respondent.

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Crl.M.C.No.9163/2022

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: 3 :

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The prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure-AIV affidavit sworn by the 2^nd respondent is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the 2^nd respondent had specifically acknowledged the aforesaid settlement and also conveyed the no-objection to quash the proceedings against the petitioners herein. The learned counsel appearing for the 2^nd respondent also confirms the same. The learned Public Prosecutor, upon instructions, submitted that the Station House Officer concerned has verified the veracity of the same and found it to be genuine.

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The allegations would reveal that the dispute is purely private in nature. In such circumstances, by applying the principles laid down by the Honourable Supreme Court in Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] , proceedings can be quashed by invoking the powers of this Court under Section 482 Cr.P.C. This is particularly because, on account of the settlement, no fruitful purpose would be served by allowing the prosecution to continue.

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Crl.M.C.No.9163/2022

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: 4 :

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In the result, this Crl.M.C. is allowed and Annexure-AII final report submitted in crime No.503/2022 of Aranmula Police Station and all further proceedings in C.C. No.747/2022 on the files of the Judicial First Class Magistrate's Court, Pathanamthitta, against the petitioners are hereby quashed.

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Sd/ZIYAD RAHMAN A.A. JUDGE

ncd

Crl.M.C.No.9163/2022

: 5 :

APPENDIX OF CRL.MC 9163/2022

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PETITIONER ANNEXURES

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Annexure AI CERTIFIED COPY OF THE FIR REGISTERED IN CRIME NO.503/2022 OF THE ARANMULA POLICE STATION, PATHANAMTHITTA DISTRICT Annexure A1 TRUE COPY OF THE FIR REGISTERED IN CRIME NO.503/2022 OF THE ARANMULA POLICE STATION, PATHANAMTHITTA DISTRICT Annexure AIII TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN CRL MC NO. 6192 OF 2022 DATED 27-10-2022 Annexure AII CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO 503/2022 DATED 13-07-2022 Annexure AIII TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN CRL MC NO. 6192 OF 2022 DATED 27-10-2022 Annexure AIV AN AFFIDAVIT SWORN TO BY THE RESPONDENT NO: 2 ENDORSING THE FACTUM OF COMPOUNDING OF THE SAID OFFENCES AND THE SETTLEMENT OF THE DISPUTES

Sandeep S Kumar v. State of Kerala

Case brief

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Sandeep S Kumar v. State of Kerala

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