Allowed

Ananthu Somasekharan v. Deepuchandran

Kerala HC4 Jan 2023Crl.MC/5531/2022

Case brief

AI extract

What is this about?

This criminal miscellaneous petition sought quashing of criminal proceedings against accused Nos. 1 to 6 in a crime under Sections 143, 147, 148, 323, 324, 341 and 149 of IPC. The petitioners lodged an Annexure A final report with the police and provided sworn affidavits by victims showing settlement of the private dispute. The court held that no purpose would be served in continuing prosecution.

What did the court decide?

Quashes the Final Report and all further proceedings in Criminal Complaint No. 955/2014 against the petitioners.

Ananthu Somasekharan Vs Deepuchandran — Bail and Remand | 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 ZIYAD RAHMAN A.A.

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WEDNESDAY, THE 4TH DAY OF JANUARY 2023 / 14TH POUSHA, 1944

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CRL.MC NO. 5531 OF 2022

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CC 955/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS, ADOOR CRIME NO.38/2013 OF KODUMON POLICE STATION

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PETITIONERS/ACCUSED NOS.1 TO 6:

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1ANANTHU SOMASEKHARA
AGED 29 YEARS
S/O SOMASEKHARAN, THATTARAPARAMBIL VEEDU,
PARAKKARA P.O, THATTAYIL,
PANTHALAM THEKKEKARA, PATHANAMTHITTA, PIN – 691525

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2SUNEESH
AGED 33 YEARS
S/O VIKRAMAN,
RENJITH BHAVAN, MALLIKA,
PANTHALAM THEKKEKARA, PATHANAMTHITTA,
PIN – 691525

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3JAYASANKAR V.
AGED 42 YEARS
S/O VIJAYAN, JAYA BHAVANAM,
PONGALADY, PANTHALAM THEKKEKARA,
PATHANAMTHITTA, PIN – 691525

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4SUJITH
AGED 32 YEARS
S/O MURALEEDHARAN ACHARI,
AZHANTHAMURUPEL, PONGALADY,
PANTHALAM THEKKEKARA., PATHANAMTHITTA,
PIN – 691525

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5ANANDU KRISHANAN
AGED 29 YEARS
S/O RAMANAN,
MUNDAKAVILAYIL VEEDU, PANTHALAM THEKKEKARA,
PATHANAMTHITTA, PIN – 691525

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6SARATH @ VASU
AGED 35 YEARS
S/O SANKARAKURUP,
SANAKARAMANGALATHU VEEDU, PANTHALAM
THEKKEKARA, PATHANAMTHITTA,
PIN - 691525

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CRL.MC NO. 5531 OF 2022

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BY ADVS.
S.A.ANAND
NINU M.DAS
SHONE GEORGE
BINEESH KODIYERI

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RESPONDENTS/DEFACTO COMPLAINANT & STATE:

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1 DEEPUCHANDRAN AGED 27 YEARS S/O. RAMACHANDRAN NAIR, CHARUVIL HOUSE, KAIPATTOOR P.O, VALLICOD, PATHANAMTHITTA, PIN – 689648

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2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031

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ADDL. 3DEEPU KRISHNAN D
AGED 27 YEARS, S/O DEVDAS P,
SINDHU BHAVANAM, PARAKKARA P.O.,
PANDALAM THEKKEKARA, PATHANAMTHITTA,
PIN 691 525

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ADDL.4AKHIL M.NAIR
AGED 28 YEARS, S/O MURALEEDHARAN NAIR,
350, AKHIL NIVAS, POTHARADU, ANANDAPPALLY,
THATTAYIL, ADOOR, PATHANAMTHITTA, PIN – 691 525

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ADDL.R3 AND R4 ARE IMPLEADED AS PER ORDER DATED
04.01.2023 IN CRL.M.A. NO.1 OF 2023 IN
CRL.M.C.5531/2022.

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BY ADV VISHNU V.K.
ADV SREEJA V - SR PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 04.01.2023, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:

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CRL.MC NO. 5531 OF 2022

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ORDER

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The petitioners are the accused Nos.1 to 6 in Crime

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No.38/2013 of Kodumon Police Station which is now pending as C.C. No.955/2014 on the files of the Judicial First Class Magistrate Court, Adoor. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324, 341 read with Section 149 of Indian Penal Code. Annexure A is the final report submitted by the Police. The respondent Nos.1, 3 and 4 are the victims of the crime. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure A.

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Heard Sri.S.A. Anand, learned counsel appearing for the petitioners, Smt.Sreeja V., learned Public Prosecutor for the State and Sri.Vishnu V.K., learned counsel appearing for the respondents 1, 3 and 4.

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The prayer for quashing the above proceedings is sought

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for by the petitioners on the ground that, the dispute between the parties has been settled and to substantiate the same, the respondents 1, 3 and 4 have sworn Annexure B, Annexure C and Annexure D affidavits respectively. The aforesaid affidavits

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CRL.MC NO. 5531 OF 2022

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4

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indicate that, the matter has been settled and the respondents 1, 3 and 4 have no subsisting grievance against the petitioners herein. They also conveyed that they have no objection in quashing the proceedings against the petitioners herein. The learned counsel for the respondents 1, 3 and 4 also confirmed the same. The learned Public Prosecutor upon instructions submitted that the veracity of the settlement was verified by the Station House officer concerned and before the SHO also, the respondents 1, 3 and 4 have reiterated that, they do not have any objection in quashing the proceedings as they have no subsisting grievance against the petitioners herein.

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Going through the materials available on record, it is discernible that, the dispute is basically private in nature and on account of settlement arrived at between the parties, no purpose would be served if the proceedings against the petitioners herein were allowed to continue. In such circumstances, the chances of a successful prosecution are very bleak. Therefore, I am of the view that going by the decision in Gian Singh v. State of Punjab and Another [2012(4) KLT 108], this is a fit case in which the powers

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CRL.MC NO. 5531 OF 2022

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5

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of this Court under Section 482 of the Code of Criminal Procedure

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can be invoked.

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Accordingly, this Crl.M.C. is allowed. Annexure A final report in Crime No.38/2013 of Kodumon Police Station and all further proceedings in C.C. No.955/2014 on the files of the Judicial

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First Class Magistrate Court, Adoor as against the petitioners are hereby quashed.

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 Sd/-

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ZIYAD RAHMAN A.A.
JUDGE

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scs

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CRL.MC NO. 5531 OF 2022

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APPENDIX OF CRL.MC 5531/2022

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PETITIONER ANNEXURES
Annexure ACERTIFIED COPY OF FINAL REPORT IN
C.C.NO.955/2014 ON THE FILE OF
JUDICIAL FIRST CLASS MAGISTRATE COURT,
ADOOR ARISING FROM CRIME NO.38/2013 OF
KODUMAN POLICE STATION, PATHANAMTHITTA
DISTRICT
Annexure BAFFIDAVIT OF THE DE FACTO COMPLAINANT
STATING THAT HE IS NOT INTENDING TO
PROCEED AGAINST THE PETITIONERS
Annexure CAFFIDAVIT OF THE ADDITIONAL 3RD
RESPONDENT
Annexure DAFFIDAVIT OF THE ADDITIONAL 4TH
RESPONDENT

Ananthu Somasekharan v. Deepuchandran

Case brief

What is this about?

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Ananthu Somasekharan v. Deepuchandran

Case brief

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