Allowed

Govardhanan B S v. State of Kerala

Kerala HC5 Jul 2024Crl.MC/3341/2024

Case brief

AI extract

What is this about?

Accused in a college trespass and abuse case sought quashing of proceedings after settlement with the defacto complainant and injured witnesses. The court, relying on Gian Singh and allied decisions, found the dispute amicably resolved with no public interest involved and quashed all proceedings.

What did the court decide?

All proceedings against petitioners in C.C. No.1374 of 2019 before JFCM-II, Kollam quashed.

Govardhanan B S 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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FRIDAY, THE 5TH DAY OF JULY 2024 / 14TH ASHADHA, 1946

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CRL.MC NO. 3341 OF 2024

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CRIME NO.1263/2019 OF Kollam East Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1374 OF 2019 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II, KOLLAM

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PETITIONERS:

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1 GOVARDHANAN B S AGED 24 YEARS S/O R BALACHANDRANPILLAI, GAYATHRI (H), NADUVILAKKARA, ALUMMOODU P.O, KOLLAM, PIN - 691577

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2 ASHIK STALIN AGED 24 YEARS

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S/O STALIN FRANCIS, ALUVILA, SAKTHIKULANGARA, KOLLAM, PIN - 691581

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3 JOSHY RICHARD AGED 24 YEARS

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S/O RICHARD JAMES, CHEMPAKASERIYIL, RICHARD NIVAS, SV NAGAR 60 AYATHIL P.O, VADAKKEVILA KOLLAM, PIN - 691010

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4 ABHINAND S S AGED 24 YEARS

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S/O SASIDHARAN R, UTHRADAM, MANAKKARA, SASTHAMKOTTA,
KOLLAM, PIN - 690521

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5 MOHAMMED BASITH AGED 27 YEARS

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S/O M NAVAS, RASIYA MANSIL, MUSLIM STREET, KOTTARAKARA,
KOLLAM, PIN - 691506

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6 SARATH KRISHNA R S AGED 24 YEARS

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S/O P RADHALRISHNAN NAIR, KAITHOLEZHATHU, PUTHUKKADU,
CHAVARA, KOLLAM, PIN - 691585

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BY ADVS.
ELDHO.N.MONCY
P.PARVATHY

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RESPONDENT/S:

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

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2 SUB INSPECTOR OF POLICE KOLLAM EAST POLICE STATION, KOLLAM DISTRICT, PIN -

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CRL.MC NO. 3341 OF 2024

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3 DR R SUNIL KUMAR AGED 60 YEARS S/O RAGHAVAN, RESIDING AT K B NAGAR 92, JAYATHAVANAM, VADAKKEVILA, KOLLAM, PIN - 691010

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4 ARCHA ARUN AGED 44 YEARS

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W/O SUJITH, RESIDING AT A 70A MANGAD NAGAR,
MANGAD P.O, KOLLAM 691015

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5 ADHEESH, AGED 38 YEARS S/O UDAYABHANU, VILAYIL VEEDU, PAVITHRESHWARAM, PUTHOOR, 691507

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6 NEETHU LAKSHMY U, AGED 37 YEARS W/O KAPIL RAJ, SOUPARNIKA (H), KALLELIBHAGOM P.O, KARUNAGAPPALLY-690519

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7 MINNU S, AGED 43 YEARS W/O AJEESH LAL, NEELAVEETTIL KIZHAKATHIL, PERINAD, KUREEPUZHA, KOLLAM, 691601

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8 VIJI, AGED 36 YEARS W/O SUJIN, KALLAMPURAM(H), UMAYANALLOOR, MAYYANAD, KOLLAM -691589 BY ADV MANJU E.R.

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OTHER PRESENT:

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SRI. ASHI M.C (PP)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 05.07.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:

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CRL.MC NO. 3341 OF 2024

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BECHU KURIAN THOMAS, J.

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Crl.M.C. No. 3341 of 2024

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Dated this the 5^th day of July, 2024

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ORDER

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Petitioners have invoked the jurisdiction under Section 482 of Code of Criminal Procedure, 1973 to quash all proceedings against them.

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Petitioners are accused Nos. 2 to 7 in C.C. No.1374 of 2019 on the files of the Judicial First Class Magistrate’s CourtII, Kollam, arising out of Crime No. 1263 of 2019 of Kollam Police Station, registered for the offences under Sections 188, 447, 294(b) and 506 r/w Section 34 of the Indian Penal Code, 1860. Respondents 3 to 8 are the defacto complainant and the injured witnesses.

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According to the prosecution, the accused had on 03-07-2019 as part of a student political outfit, trespassed into the college compound, and when the defacto complainant and the other injured witnesses questioned the same, the accused abused them and other teachers and thereby committed the offences alleged.

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CRL.MC NO. 3341 OF 2024

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

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The learned counsel for the petitioners submitted that the matter has been settled and hence the proceedings against the petitioners 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 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 III and Annexure 4 to 8 affidavits filed by respondents 3 to 8. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavits are genuine, and the defacto complainant and the other deponents stand by the contents thereof. I am satisfied that the matter has been settled and no

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CRL.MC NO. 3341 OF 2024

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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 petitioners in

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C.C. No.1374 of 2019 on the files of the Judicial First Class

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Magistrate’s Court-II, Kollam, 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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AJM

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CRL.MC NO. 3341 OF 2024

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APPENDIX OF CRL.MC 3341/2024

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PETITIONER ANNEXURES

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Annexure ICERTIFIED COPY OF THE FIR IN CRIME
NO. 1263 OF 2019 OF KOLLAM EAST
POLICE STATION, KOLLAM
Annexure IICERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 1263 OF 2019 OF KOLLAM EAST
POLICE STATION, KOLLAM
Annexure IIITRUE COPY OF THE AFFIDAVIT FILED BY
3RD RESPONDENT DATED 29.03.2024
Annexure IVTRUE COPY OF THE AFFIDAVIT OF THE 4TH
RESPONDENT
Annexure VTRUE COPY OF THE AFFIDAVIT OF THE 5TH
RESPONDENT
Annexure VITRUE COPY OF THE AFFIDAVIT OF THE 6TH
RESPONDENT
Annexure VIITRUE COPY OF THE AFFIDAVIT OF THE 7TH
RESPONDENT
Annexure VIIITRUE COPY OF THE AFFIDAVIT OF THE 8TH
RESPONDENT

Govardhanan B S v. State of Kerala

Case brief

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Govardhanan B S v. State of Kerala

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