Allowed

Gokuldas @ Gokulan v. State of Kerala

Kerala HC11 Jul 2023Crl.MC/551/2023

Case brief

AI extract

What is this about?

The High Court of Kerala quashed criminal proceedings against the petitioner in Crime No. 24/2023 for offences under IPC Sections 354, 354A, and 506. Relying on settlement affidavits and citing Supreme Court precedents on amicable resolutions, the Court held that no public interest was involved.

What did the court decide?

All proceedings against the petitioner in Crime No. 24 of 2023 of Chittur Police Station, Palakkad District are quashed.

Gokuldas @ Gokulan Vs State of Kerala — Dowry and Cruelty | 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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TUESDAY, THE 11TH DAY OF JULY 2023 / 20TH ASHADHA, 1945
CRL.MC NO. 551 OF 2023

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PETITIONER/ACCUSED:

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GOKULDAS @ GOKULAN
AGED 55 YEARS
S/O V. KANDACHAMY SMILING HOUSE, POLPULLY, PALAKKAD
DISTRICT., PIN - 678555
BY ADVS.
ARUL MURALIDHARAN
K.V.ANTONY

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RESPONDENTS/STATE/DEFACTO COMPLAINANT:

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

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2NISHA VINOD
AGED 35 YEARS
W/O VINOD, THEKKEGRAMAM, CHITTUR, PALAKKAD DISTRICT.,
PIN - 678101

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OTHER PRESENT:

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PP SMT.M.K PUSHPALATHA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.07.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 551 OF 2023

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BECHU KURIAN THOMAS, J.

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Crl.M.C. No.551 of 2023

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Dated this the 11^th day of July, 2023

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ORDER

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Petitioner has invoked the jurisdiction under Section 482 of Cr.P.C to quash all proceedings against them.

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Petitioner is the accused in Crime No. 24 of 2023 of Chittur Police Station, Palakkad District, registered for the offences under Sections 354, 354A(1)(i), 354A(1)(ii), 354A(1)(iv) and 506 of the Indian Penal Code, 1860. 2^nd respondent is the defacto complainant.

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

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The learned counsel for the petitioner submitted that the matter has been settled and hence the proceedings against the petitioner 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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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

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CRL.MC NO. 551 OF 2023

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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-C affidavit filed by the 2^nd respondent. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavit is genuine, and the defacto complainant stands 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 petitioner in Crime No. 24 of 2023 of Chittur Police Station, Palakkad District are quashed.

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This criminal miscellaneous case is allowed as above.

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Sd/-

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BECHU KURIAN THOMAS JUDGE

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AJM/12/7/23

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CRL.MC NO. 551 OF 2023

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APPENDIX OF CRL.MC 551/2023

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PETITIONER ANNEXURES

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Annexure ATRUE COPY OF THE FIRST INFORMATION
STATEMENT DATED 7-1-2023 GIVEN BY THE
2ND RESPONDENT BEFORE THE CIRCLE
INSPECTOR OF POLICE, CHITTUR POLICE
STATION, PALAKKAD DISTRICT
Annexure BTRUE COPY OF FIRST INFORMATION REPORT
IN CRIME NO. 24/2023 DATED 7-1-2023
OF CHITTUR POLICE, PALAKKAD DISTRICT
Annexure CSWORN AFFIDAVIT OF 2ND RESPONDENT
DATED 11-1-2023 BEFORE THIS HON'BLE
COURT

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//TRUE COPY//

Gokuldas @ Gokulan v. State of Kerala

Case brief

What is this about?

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Gokuldas @ Gokulan v. State of Kerala

Case brief

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