Allowed

Prem Navas @ Hussain v. State of Kerala

Kerala HC3 Jun 2024Crl.MC/2264/2024

Case brief

AI extract

What is this about?

In a petition under Section 482 Cr.P.C filed for quashing of criminal proceedings arising from an unlawful assembly and assault, the High Court of Kerala quashed the case after being satisfied that the matter was settled and no public interest remained involved in continuing the prosecution.

What did the court decide?

Quashed all proceedings against the petitioner in C.C.No.28 of 2019 on the files of the Judicial First Class Magistrate's Court-I, Kayamkulam.

Prem Navas @ Hussain Vs State of Kerala — Quashing and FIR | Kerala HC (2024)

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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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MONDAY, THE 3^RD DAY OF JUNE 2024 / 13TH JYAISHTA, 1946

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CRL.MC NO. 2264 OF 2024

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CRIME NO.3189/2014 OF Kayamkulam Police Station, Alappuzha CC NO.28 OF 2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KAYAMKULAM PETITIONER/ ACCUSED :

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PREM NAVAS @ HUSSAIN AGED 37 YEARS

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S/O. SHAMSUDEEN, SHANAVAS MANSIL, KRISHNAPURAM, KAYAMKULAM KARTHIKAPPALLY, ALAPPUZHA KERALA, PIN - 690502

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BY ADV MEGHA G.

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RESPONDENT/ STATE :

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

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2 SUBHASH SOMAN

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AGED 36 YEARS, S/O N. SOMAN, RESIDING AT KOTTARATHINTE PADEETTATHIL, PALACE WARD, KRISHNAPURAM P.O KAYAMKULAM, PIN - 630533

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BY ADV SAIRA SOURAJ.P

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BY SRI.RENJITH T.R., PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

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03.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 2264 OF 2024

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BECHU KURIAN THOMAS, J.

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Crl.M.C.No.2264 of 2024

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Dated this the 3^rd day of June, 2024

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ORDER

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

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Petitioner is the accused in C.C.No.28 of 2019 on the files of the Judicial First Class Magistrate's Court-I, Kayamkulam, arising out of Crime No.3189 of 2014 of Kayamkulam Police Station, Palakkad, registered for the offences under Sections 143, 147, 323, 324, 294(b) and 341 r/w Section 149 of the Indian Penal Code, 1860. 2^nd respondent is the defacto complainant.

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According to the prosecution, the accused had on 25.11.2014 formed themselves into an unlawful assembly and restrained the defacto complainant and assaulted him and thereby committed the offences alleged.

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Heard the learned counsel for the petitioner and the learned counsel for the respondent, 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

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CRL.MC NO. 2264 OF 2024

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proceedings.

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In Gian Singh v. State of Punjab and Another [(2012) 10 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-2 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 C.C.No.28 of 2019 on the files of the Judicial First Class Magistrate's Court-I, Kayamkulam are quashed.

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This Crl.M.C is allowed as above.

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Sd/-

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BECHU KURIAN THOMAS, JUDGE

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RKM

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CRL.MC NO. 2264 OF 2024

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APPENDIX OF CRL.MC 2264/2024

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PETITIONER'S ANNEXURES :

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Annexure 1 A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 3189/2014 OF KAYAMKULAM POLICE STATION, WHICH IS PENDING AS C.C NO. 28/2019 OF COURT OF JUDICIAL FIRST-CLASS MAGISTRATE-I, KAYAMKULAM, ALAPPUZHA DISTRICT Annexure 2 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 27.02.2024

Prem Navas @ Hussain v. State of Kerala

Case brief

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Prem Navas @ Hussain v. State of Kerala

Case brief

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