Allowed

Shimitha Bhai v. State of Kerala

Kerala HC25 Sept 2023Crl.MC/6054/2023

Case brief

AI extract

What is this about?

The High Court of Kerala allowed two criminal miscellaneous petitions praying for the quashing of criminal proceedings filed against the petitioner. Relying on the settlement between parties and the non-serious nature of the offences under IPC Sections 294(b), 506(I), and 509, the Court invoked its jurisdiction under Section 482 Cr.PC to quash the cases.

What did the court decide?

The proceedings in Crime No. 47/2016 and Crime No. 42/2016 of Chathannur Police Station were quashed against the respective petitioners.

Shimitha Bhai Vs State of Kerala — Cheque Dishonour | 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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MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945
CRL.MC NO. 6054 OF 2023

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AGAINST CRIME NO.47 OF 2016 OF CHATHANNUR POLICE STATION, KOLLAM DISTRICT

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PETITIONER/ACCUSED:

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SHIMITHA BHAI
AGED 35 YEARS

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W/O KUMAR, LEKSHMI VILASAM, PALAMUKKU, NEDUMPANA P.O,
KOLLAM DISTRICT, PIN - 691576

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BY ADV JOMY K. JOSE

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RESPONDENTS/STATE/DEFACTO COMPLAINANT:

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

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2OMANAKUTTAN PILLAI .G
AGED 54 YEARS

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S/O GOPALAKRISHNA PILLAI, RASHTRA MANDIRAM, NEDUMPANA
P.O, KOLLAM DISTRICT, PIN - 691576

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BY ADV PUBLIC PROSECUTOR

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OTHER PRESENT:

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SRI. G SUDHEER (PP)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
25.09.2023, ALONG WITH Crl.MC.6060/2023, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:

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Crl. M.C. 6054 & 6060/2023

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-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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MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945

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CRL.MC NO. 6060 OF 2023

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AGAINST THE ORDER/JUDGMENT CC 139/2022 OF JUDICIAL MAGISTRATE

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OF FIRST CLASS , PARAVOOR

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CC 139/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS , PARAVOOR
PETITIONER/SOLE ACCUSED:

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OMANAKUTTAN PILLAI .G

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AGED 54 YEARS

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S/O GOPALAKRISHNA PILLAI, RASHTRA MANDIRAM,
NEDUMPANA P.O, KOLLAM DISTRICT, PIN - 691576

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BY ADV JOMY K. JOSE

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RESPONDENT/STATE/DEFACTO COMPLAINANT:

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

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2 SHIMITHA BHAI AGED 35 YEARS

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W/O KUMAR, LEKSHMI VILASAM, PALAMUKKU, NEDUMPANA
P.O, KOLLAM DISTRICT, PIN - 691576

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BY ADV SR.PUBLIC PROSECUTOR SRI.NOUSHAD K A

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
25.09.2023, ALONG WITH Crl.MC.6054/2023, THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:

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Crl. M.C. 6054 & 6060/2023

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-3-

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O R D E R

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[Crl.MC Nos.6054/2023, 6060/2023]

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The petitioner in Crl.M.C.No.6054/2023 is the defacto complainant

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in Crime No.42/2016 of Chathannur Police Station and the accused in Crime No.47/2016 of that Police Station. The petitioner in Crl.M.C No.6060/2023 is the defacto complainant in Crime No.47/2016 of Chathannur Police Station and the accused in Crime No.42/2016 of that

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Police Station.

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Crl.M.C No.6054 of 2023 has been filed seeking to quash the proceedings in Crime No. 47/2016 of Chathannur Police Station, alleging offences punishable under Sectin 294(b), 506(I), and 509 of Indian Penal Code. The allegation against the petitioner is that the petitioner with the intention to insult the defacto complainant used abusive language against the complainant while he attempted to sign the minutes book of the Nedumpana Grama Panchayat and thereby she committed the offences alleged.

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Crl.M.C No. 6060/2023 has been filed to quash the proceedings in Crime No.42/2016 of Chathannur Police Station Kollam alleging commission of offences under Sections 294(b) and 509 of IPC. The

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Crl. M.C. 6054 & 6060/2023 -4-

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allegation against the petitioner is that due to prior enmity with the defacto complainant at about 3.30 p.m, on 03.01.2016, the petitioner verbally abused the defacto complainant and insulted the defacto complainant in a public place and thereby he committed the offences alleged against him.

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The learned Counsel for petitioners in these cases would submit

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that the entire issues have been settled and the parties do not wish to continue with the prosecution initiated in the respective cases initiated

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on the basis of their complaint. The learned Public Prosecutor also submits that the issues have been settled and the respective parties do not wish to continue with the proceedings.

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Having heard the learned Counsel appearing for the petitioners

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and the learned Public Prosecutor and having regard to the facts and circumstances, I am of the view that these are fit cases where jurisdiction of this Court under Section 482Cr.PC can be invoked to quash the proceedings on the ground of settlement as the allegations are not of a serious nature which would require this Court to refrain from exercising jurisdiction under Section 482 Cr.PC.

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Crl. M.C. 6054 & 6060/2023 -5-

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Accordingly, Crl.M.C No. 6054/2023 is allowed and all further proceedings in Crime No. 47/2016 of Chathannur Police Station, Kollam, pending as CC No. 504/2016 on the file of Judicial First Class Magistrate (Temporary), Paravoor will stand quashed. Crl.M.C No. 6060/2023 is also allowed. All further proceedings in Crime No. 42/2016 of Chathannur Police Station, Kollam District, now pending as CC No. 139/2022 on the file of Judicial First Class Magistrate (Temporary), Paravoor will stand quashed as against the petitioner.

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Sd/GOPINATH P. JUDGE

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jma

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Crl. M.C. 6054 & 6060/2023

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-6-

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APPENDIX OF CRL.MC 6054/2023

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PETITIONER ANNEXURES

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Annexure AIA CERTIFIED COPY OF THE FIR IN CRIME NO.
47/2016 OF CHATHANNUR POLICE STATION,
KOLLAM DISTRICT DATED 05-01-2016
Annexure AIIA CERTIFIED COPY OF FINAL REPORT INN
CRIME NO. 47/2016 OF CHATHANNUR POLICE
STATION, KOLLAM DISTRICT DATED 02-02-2016
Annexure AIIIORIGINAL COPY OF THE AFFIDAVIT SWORN TO
BY THE RESPONDENT NO: 2 DATED 21-07-2023

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Crl. M.C. 6054 & 6060/2023

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-7-

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APPENDIX OF CRL.MC 6060/2023

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PETITIONER ANNEXURES

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Annexure AIA CERTIFIED COPY OF THE FIR IN CRIME NO.
42/2016 OF CHATHANNUR POLICE STATION,
KOLLAM DISTRICT DATED 05-01-2016
Annexure AIIA CERTIFIED COPY OF FINAL REPORT INN
CRIME NO. 42/2016 OF CHATHANNUR POLICE
STATION, KOLLAM DISTRICT DATED 22-01-2016
Annexure AIIIORIGINAL COPY OF THE AFFIDAVIT SWORN TO
BY THE RESPONDENT NO: 2 DATED 21-07-2023

Shimitha Bhai v. State of Kerala

Case brief

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What did the court decide?

Shimitha Bhai v. State of Kerala

Case brief

What is this about?

What did the court decide?

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