Allowed

Kiran John v. Issac v State of Kerala

Kerala HC11 Oct 2023Crl.MC/1633/2023

Case brief

AI extract

What is this about?

Allowed two criminal miscellaneous petitions seeking quashing of pending trial proceedings. The petitioners and the injured parties had settled the dispute. Relying on Supreme Court precedents, the Court held that no public purpose would be served and continued proceedings were unlikely to succeed. All further proceedings were quashed.

What did the court decide?

CriminalMiscellaneous Cases allowed; proceedings against petitioners in C.P. 7/2023 of the Judicial First Class Magistrate Court, Changanassery quashed.

Kiran John v. Issac Vs State of Kerala — Quashing and FIR | 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 GOPINATH P.

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WEDNESDAY, THE 11^TH DAY OF OCTOBER 2023 / 19TH ASWINA, 1945

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CRL.MC NO. 1633 OF 2023

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AGAINST THE ORDER/JUDGMENT CP 7/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,CHANGANACHERRY

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PETITIONER/S:

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KIRAN JOHN V. ISSAC AGED 28 YEARS S/O ISSAC, AGED 28, VAZHIPARAMBIL VEEDU, NEAR OLD POLICE STATION, VAKATHANAM VILLAGE, VAKATHANAM P.O., KOTTAYAM, PIN - 686538

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BY ADV J.ABHILASH

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RESPONDENT/S:

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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 SUNIL M AGED 49 YEARS S/O MOHANDAS THAMPI, ANJILIVELIL HOUSE, NEAR OLD ICDS OFFICE, KAKKAZHAM VILLAGE, AMBALAPUZHA TALUK, ALAPPUZHA, PIN - 688561

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3 ROSAMMA MATHEW AGED 60 YEARS W/O JACOB JOSE. ANGADISSERY VEEDU, PARIPPU KARA, AYMANAM VILLAGE, KOTTAYAM, PIN - 686014

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4 SUJA BINU AGED 43 YEARS W/O K.T. BINU, THAKIDIYIL HOUSE, PAMPADI VILLAGE, PANGADA KARA, KOTTAYAM, PIN - 686502

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BY ADV VIMAL BHASKAR

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SRI VIPIN NARAYAN (SR PP)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.10.2023, ALONG WITH Crl.MC.6514/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl. M.C. Nos.1633 and 6514/2023 -2-

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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 GOPINATH P.

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WEDNESDAY, THE 11^TH DAY OF OCTOBER 2023 / 19TH ASWINA, 1945

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CRL.MC NO. 6514 OF 2023

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CRIME NO.1025/2019 OF Chingavanam Police Station, Kottayam AGAINST THE ORDER/JUDGMENT CP 7/2023 OF JUDICIAL MAGISTRATE OF

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FIRST CLASS ,CHANGANACHERRY

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PETITIONER/S:

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1 SIJI JOSEPH, AGED 55 YEARS S/O C.J. JOSEPH, CHOTHIRAKUNNEL (H), THOTTACKADU VILLAGE, THOTTACKADU P.O., KOTTAYAM -, PIN - 686539

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2 PRABHAKARAN, AGED 64 YEARS S/O T.K. NARAYANAN, 692 PRAMITHA, KALARKODE, SANATHANAPURAM P.O., SANATHANAPURAM S.O., ALAPPUZHA, KERALA -, PIN - 688003

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3 JOHN FRANCO P, AGED 33 YEARS MEDARATHIL (H), THIRUVAMPADY P.O., THIRUVAMPADY JUNCTION S.O., ALAPPUZHA, KERALA -, PIN - 688002 BY ADVS. AJAY BEN JOSE MANJUNATH MENON SACHIN JACOB AMBAT ANNA LINDA EDEN HARIKRISHNAN S.

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RESPONDENT/S:

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1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA -, PIN - 682031 2 SUNIL M., AGED 49 YEARS S/O MOHANDAS THAMPI, ANJILIVEETTIL HOUSE, AMBALAPPUZHA VILLAGE, KAKKAZHAM, ALAPPUZHA -, PIN - 686561

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Crl. M.C. Nos.1633 and 6514/2023 -3-

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3 ROSAMMA MATHEW, AGED 60 YEARS W/O JACOB JOSE, ANGADISSERIL HOUSE, PARIPPUKARA, AYMANAM VILLAGE, KOTTAYAM TALUK, KOTTAYAM -, PIN - 686014 4 SUJA BINU, AGED 43 YEARS W/O K.T. BINU, THAKIDIYEL HOUSE, PAMPADYKARA, PANGADA P.O., KOTTAYAM TALUK, KOTTAYAM -, PIN - 686502 SRI. G. SUDHEER, P.P.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.10.2023, ALONG WITH Crl.MC.1633/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl. M.C. Nos.1633 and 6514/2023

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-4-

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O R D E R

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The petitioners in Crl. M.C. No.6514/2023 are accused Nos.2 to 4 in Crime No.1025/2019 of Chingavanam Police Station, Kottayam which is now pending as C.P 7/2023 on the file of the Judicial First Class Magistrate Court, Changanassery. The petitioner in Crl. M.C. No.1633/2023 is the 5^th accused in the same case. The petitioners face allegation having committed offences punishable under Sections 450, 427, 201, 354 and 395 of the Indian Penal Code.

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The learned counsel appearing for the petitioners would submit that the entire issues between the petitioners and the de facto complainant / injured persons in both the cases have been settled and they do not wish to continue the proceedings against the petitioners.

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The learned Public Prosecutor also confirms that the issues have been settled.

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Having heard the learned counsel appearing for the petitioners in both the cases and the learned Public Prosecutor and keeping in mind the law laid down by the Supreme Court in Gian Singh v. State of Punjab; (2012) 10 SCC 303 and State of M.P. v. Laxmi Narayan ; (2019) 5 SCC 688 , I am of the view that the proceedings against the petitioners can be quashed on the ground of settlement. No public purpose would be served by continuing with the proceedings against the petitioners, in C.P 7/2023 on the file of the Judicial First Class Magistrate Court, Changanassery. The chance of a successful prosecution are also minimal in the light of the settlement arrived at between the parties.

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Therefore this Criminal M.C is allowed and all further proceedings against the petitioners in these cases, in C.P 7/2023 on the file of the Judicial First Class Magistrate Court, Changanassery will stand quashed.

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Sd/- GOPINATH P., JUDGE.

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AMG

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Crl. M.C. Nos.1633 and 6514/2023

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-5-

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APPENDIX OF CRL.MC 6514/2023

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PETITIONER ANNEXURES

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Annexure I	TRUE COPY OF FINAL REPORT DATED 18/09/2021 IN CRIME NO. 1025 OF 2019 OF THE CHINGAVANAM POLICE STATION
Annexure II	TRUE COPY OF ORDER DATED 19/07/2019 IN I.A.NO. 241/2019 IN O.S. NO. 38 OF 2019 BEFORE THE HONOURABLE ADDITIONAL MUNSIFF, KOTTAYAM
Annexure III	TRUE COPY OF COMMON ORDER DATED 08/01/2021 IN CMA NO.82/2019 AND CMA NO. 89/2019 BEFORE THE COURT OF THE ADDITIONAL DISTRICT JUDGE - V, KOTTAYAM
Annexure IV	TRUE COPY OF COMMON JUDGMENT IN OP (C) NO. 758/2021 DATED 29/03/2021 OF THE HONOURABLE HIGH COURT OF KERALA
Annexure V	AFFIDAVIT SWORN BY RESPONDENT NO.2 DATED 27 -03- 2023
Annexure VI	AFFIDAVIT SWORN BY RESPONDENT NO.3 DATED 27-03-2023
Annexure VII	AFFIDAVIT SWORN BY RESPONDENT NO.4 DATED 27-03-2023

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Crl. M.C. Nos.1633 and 6514/2023

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-6-

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APPENDIX OF CRL.MC 1633/2023

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PETITIONER ANNEXURES

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Annexure A1 TRUE COPY OF THE FINAL REPORT IN C.P. O7/2023 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT , CHANGANASSERY DATED 18.09.2021

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Annexure A2 TRUE COPY OF THE AFFIDAVIT SWORN BY THE SECOND RESPONDENT Annexure A3 TRUE COPY OF THE AFFIDAVIT SWORN BY THE THIRD RESPONDENT Annexure A4 TRUE COPY OF THE AFFIDAVIT SWORN BY THE FOURTH RESPONDENT

Kiran John v. Issac v State of Kerala

Case brief

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Kiran John v. Issac v State of Kerala

Case brief

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