Allowed

Ajmal Khan a S v. State of Kerala

Kerala HC30 Mar 2023Crl.MC/1519/2023

Case brief

AI extract

What is this about?

The High Court of Kerala, on a criminal miscellaneous petition under Section 482 Cr.P.C, quashed criminal proceedings against the petitioners. The court found the matter settled based on affidavits filed by the defacto complainant and injured persons, citing Supreme Court precedents that allow quashing upon amicable resolution.

What did the court decide?

All proceedings against the petitioners in C.C.No.465/2019 on the files of the Judicial First Class Magistrate's Court-XI, Thiruvananthapuram, are quashed.

Ajmal Khan a S Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2023)

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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 BECHU KURIAN THOMAS

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THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945

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CRL.MC NO. 1519 OF 2023

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CRIME NO.378/2019 OF PEROORKADA POLICE STATION, THIRUVANANTHAPURAM IN C.C.NO.465/2019 ON THE FILES OF THE JUDICIAL FIRST CLASS

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MAGISTRATE’S COURT-XI, THIRUVANANTHAPURAM

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PETITIONER/ACCUSED NOS. 1 TO 11:

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1AJMAL KHAN A S
S/O ABOOBAKER
AGED 28 YEARS
KAKKAAPPURA VEEDU, KAITHOTTUKONAM,
VAZHIMUKKU, BALAMAPURAM P.O,
TRIVANDRUM, PIN – 695501

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2SUBIN CHACKO MATHEW
S/O MATHAI CHACKO
AGED 25 YEARS
THADATHIL HOUSE VADASSERIKKARA P.O,
PATHANTHITTA, PIN – 689661

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3PRITHVIRAJ MR
S/O RAJI C.V,
AGED 24 YEARS
MV HOUSE, PERETTIL MOONGODU P.O
VARKALA, THIRUVANATHAPURAM, PIN – 691525

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4AKHIL ANAND I
AGED 24 YEARS
S/O ANANDPRAKASH,
KEERANGAD HOUSE, MORAYUR MORAYUR P.O,
MALAPPURAM, PIN – 673642

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5GOVIND V B
AGED 25 YEARS
S/O BABU T S,
GOWRISHANKARAM CKRRA-6, TC30/906 ,
PETTAH P.O, TRIVANDRUM, PIN – 695024

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6APPU J SURESH
AGED 22 YEARS
S/O SURESH A S
APPU MANDIR, CGRA F-25 GURUKULAM LANE,

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Crl.M.C. No.1519 of 2023

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CHEMPAZHATHY, PIN – 695587

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7 ALLEN ALEX SHIJU AGED 23 YEARS S/O SHIJU ALEX KULAMACKAL HOUSE, NEDUNKANDAM P.O, IDUKKI, PIN – 685553

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8 AMAL MAHESH AGED 23 YEARS S/O MAHESH KUMAR HOUSE NO.58, SANTHI NAGAR SOUTH KALAMASHERRY, RAJAGIRI P.O, ERNAKULAM, PIN – 683104

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9 SIVA KUMAR S AGED 24 YEARS S/O SAJIKUMAR K S SREEVILASAM HOUSE, KANAM P.O, KOTTAYAM, PIN – 686515

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10 AJAY V KARAN AGED 24 YEARS S/O R VIJAYAKUMAR KOTTACKAKATHU HOUSE , HATTAYIL P.O, ADOOR, PANDALAM., PIN – 691525

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11 VISHNU V S AGED 25 YEARS S/O SHAJI V K, VAZHAYIL HOUSE CHOWARA P.O THETTALI, ERNAKULAM, PIN – 683571 BY ADVS. AADIL NAZARUDEEN SIMI S. ALI

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RESPONDENTS/STATE & INJURED PERSONS:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,

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Crl.M.C. No.1519 of 2023

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ERNAKULAM, PIN – 682031

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2 SUB INSPECTOR OF POLICE PEROORKADA POLICE STATION, THIRUVANATHAPURAM, PIN – 695005

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3 NANDA BHARGAV AGED 27 YEARS S/O HARINDRAN NAIR

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NOW RESIDING AT MANIKANDESWARAM NETTAYAM WARD
PEROORKADA VILLAGE,
THIRUVANATHAPURAM, PIN – 695013

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4 SHEKHAR G THAMPI AGED 25 YEARS S/O GOVIND R THAMPI, SAIKAMAL, TC 79/1789, KAIKKAKAM P.O, TRIVANDRUM, PIN – 695021

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5 JISHNU V R AGED 32 YEARS S/O VIJAYAKUMARAN VEENA BHAVAN, VEERANAKAVU P.O, KATTAKKADA, TRIVANDRUM, PIN – 695572

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6 ARUN J P AGED 25 YEARS S/O JAYAKUMAR B

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KOLLANTE VILLA VEEDU IRUMBIL NEYYATTINKARA P.O,
TRIVANDRUM, PIN – 695121

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7VYASA P BAL
AGED 25 YEARS
S/O P ADMANABHAN
MUNDIVELI NAKSHATRA, KAITHKODY P.O,
AYROOR, PATHANAMTHITTA, PIN – 689614

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BY ADV
JIBU JAMAL

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Crl.M.C. No.1519 of 2023

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OTHER PRESENT:

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SMT.SEETHA S
PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 30.03.2023, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:

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Crl.M.C. No.1519 of 2023

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BECHU KURIAN THOMAS, J.

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==================== Crl.M.C. No.1519 of 2023

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===================== Dated this the 30^th day of March, 2023

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ORDER

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Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.

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Petitioners are accused Nos.1 to 11 in C.C.No.465/2019 on the files of the Judicial First Class Magistrate’s Court-XI, Thiruvananthapuram, arising out of Crime No.378/2019 of Peroorkada Police Station, registered for the offences under Sections 143, 147, 341 323, 324 and 506(i) r/w Section 149 of the Indian Penal Code, 1860. Respondents 3 to 7 are the defacto complainant and the injured witnesses.

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Heard the learned counsel for the petitioners and the learned counsel for the respondents, apart from the learned Public Prosecutor.

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The learned counsel for the petitioners submitted that the matter has been settled and hence the proceedings against the petitioners ought to be quashed. It was also submitted that, considering the nature of offences alleged, no purpose would be served by continuing the proceedings.

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In Gian Singh v. State of Punjab and Another [(2012) 10

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Crl.M.C. No.1519 of 2023

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SCC 303], the Apex Court has held that in appropriate cases, the High Court can take note of the amicable resolution of disputes between the victim and the wrongdoer to put an end to the criminal proceedings. This view was reiterated in Narinder Singh and Others v. State of Punjab and Another [(2014) 6 SCC 466] and Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653].

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I have perused Annexure A2 to Annexure A6 affidavits filed by respondents 3 to 7. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavits are genuine, and the defacto complainant and the other deponents stand by the contents thereof. I am satisfied that the matter has been settled and no public interest is involved in this case. There is no impediment for granting the prayer for quashing. The continuance of the proceedings will only be an exercise in futility.

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Accordingly, all proceedings against the petitioners in C.C.No.465/2019 on the files of the Judicial First Class Magistrate’s Court-XI, Thiruvananthapuram, are quashed.

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Crl.M.C is allowed as above.

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Sd/-

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BECHU KURIAN THOMAS JUDGE

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jka/30.03.23

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Crl.M.C. No.1519 of 2023

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APPENDIX OF CRL.MC 1519/2023

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PETITIONERS ANNEXURES

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Annexure A1 CERTIFIED COPY OF THE FINAL REPORT IN C.C. NO. 465/2019 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURTXI, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM DISTRICT

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Annexure A2 A TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT/DEFACTO COMPLAINANT

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Annexure A3 A TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 4TH RESPONDENT/INJURED PERSON

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Annexure A4 A TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 5TH RESPONDENT/INJURED PERSON

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Annexure A5 A TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 6TH RESPONDENT/INJURED PERSON

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Annexure A6 A TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 7TH RESPONDENT/INJURED PERSON

Ajmal Khan a S v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ajmal Khan a S v. State of Kerala

Case brief

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