Allowed

Dharmaj v. State of Kerala

Kerala HC4 Mar 2024Crl.MC/280/2024

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition filed by the 2nd accused seeking quashing of an FIR and challan. Quashing was granted based on the prior settlement between the parties, relying on Supreme Court principles. The petition also noted the death of the 1st accused.

What did the court decide?

Annexure A2 FIR and Annexure A3 final report in C.C.No.325 of 2013 stand quashed. Proceedings abate against the deceased 1st accused.

Dharmaj 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 MRS. JUSTICE SOPHY THOMAS

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 MONDAY, THE 4 TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945

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 CRL.MC NO. 280 OF 2024

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 CRIME NO.325/2013 OF Pothencode Police Station, Thiruvananthapuram
 AGAINST THE ORDER/JUDGMENT DATED IN CC NO.325 OF 2013 OF JUDICIAL
 MAGISTRATE OF FIRST CLASS -I,ATTINGAL

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 PETITIONER/ACCUSED NO.2:

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DHARMAJ
AGED 37 YEARS
S/O MAHENDRAN, RESIDING AT MAHENDRAGIRI VEETIL,
KIZHAKETHONAKKAL VILLAGE, POTHENCODE P.O,
THIRUVANTHAPURAM DISTRICT,, PIN - 695584

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BY ADV BIJITH S.KHAN

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 RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

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

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2 STATION HOUSE OFFICER POTHENCODE POLICE STATION, POTHENCODE P.O, THIRUVANTHAPURAM REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

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3 JEENA AGED 45 YEARS

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RESIDING AT KRIPA BHAVAN, MALAYILKONAM, AIROOPARA
VILLAGE, POTHENCODE P.O, THIRUVANTHAPURAM DISTRICT,
PIN, PIN - 695584

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 CRL.MC NO.280 OF 2024

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BY ADV NITHIN J.R.
BY SRI.RENJITH GEORGE - SR.PP

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 CRL.MC NO.280 OF 2024

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ORDER

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Dated this the 4^th day of March, 2024

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This Crl.M.C., under Section 482 of Cr.P.C., is

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filed by the 2nd accused in crime No.125 of 2013 of Pothencode Police Station, Thiruvananthapuram, registered under Sections 452, 354 and 427 read with Section 34 of IPC, for quashing Annexure A2 FIR and Annexure A3 final report in C.C.No.325 of 2013 on the file of Judicial First Class Magistrate Court-I, Attingal.

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The prosecution allegation is that on 13.02.2013, at about 5.00 p.m., due to previous enmity,

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the accused persons trespassed into the house of the 3rd respondent/defacto complainant and physically assaulted her causing injuries, and committed mischief to the tune of Rs.10,000/-.

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When the case is taken up for consideration,

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learned counsel for the petitioner submitted that the matter stands settled between himself and the 3rd

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 CRL.MC NO.280 OF 2024

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respondent. The 3rd respondent entered appearance through counsel, and submitted that the matter stands settled. Annexure A4 is the affidavit filed by her, endorsing the settlement. Neither she has any intention to proceed with the prosecution nor any objection in quashing Annexure A2 FIR and Annexure A3 final report in C.C.No.325 of 2013. It is further submitted that the 1st accused is no more, and he passed away on 12.04.2022. Annexure A1 is his death certificate.

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On instructions, learned Public Prosecutor submitted that the matter is settled and he produced signed statement of the 3rd respondent. In that statement also, she has stated that neither she has any intention to proceed with the prosecution, nor any objection in quashing Annexure A2 FIR and Annexure A3 final report in C.C.No.325 of 2013.

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Since the matter stands settled, no purpose

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would be served by continuing the prosecution against the

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 CRL.MC NO.280 OF 2024

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petitioner. The charge stands abated as against the 1st accused, as he is no more.

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In the light of the principles laid down by the Apex Court in Gian Singh v. State of Punjab and Another; [(2012) 10 SCC 303)] , and State of Madhya

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Pradesh v. Laxmi Narayan and Others; [(2019) 5 SCC

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688], this Court is of the view that the proceedings against the petitioner can be quashed on the basis of settlement.

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In the result, this Crl.MC is allowed, and Annexure A2 FIR and Annexure A3 final report in C.C.No.325 of 2013 on the file of Judicial First Class Magistrate Court-I, Attingal, stand quashed.

Sd/-

SOPHY THOMAS

JUDGE

SSK/04/03

 CRL.MC NO.280 OF 2024

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APPENDIX OF CRL.MC 280/2024
PETITIONER ANNEXURES

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THE TRUE COPY OF THE DEATH CERTIFICATE OF
THE 1ST ACCUSED IN CRIME NO. 125 OF 2013
OF POTHENCODE POLICE STATION ISSUED ON
09.01.2024

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THE TRUE COPY OF THE FIR NO. 125/2013 OF
POTHENCODE POLICE STATION,
THIRUVANANTHAPURAM WHICH IS NOW PENDING AS
C.C NO.325/2013 ON THE FILES OF LEARNED
JFMC - I ATTINGAL, THIRUVANANTHAPURAM

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THE TRUE COPY OF THE FINAL REPORT IN CRIME
NO. 125/2013 OF POTHENCODE POLICE STATION,
THIRUVANANTHAPURAM WHICH IS NOW PENDING AS
C.C NO.325/2013 ON THE FILES OF LEARNED
JFMC - I ATTINGAL, THIRUVANANTHAPURAM

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THE NOTARIZED AFFIDAVIT DATED 22.12.2023
SWORN BY THE 3RD RESPONDENT/DE - FACTO
COMPLAINANT

Dharmaj v. State of Kerala

Case brief

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Dharmaj v. State of Kerala

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