Allowed

Aswinikumar v. State of Kerala

Kerala HC16 Feb 2024Crl.MC/351/2024

Case brief

AI extract

What is this about?

Accused sought quashing of proceedings for offences under Sections 341, 323, 324, 294(b) and 506(ii) IPC after settlement with the defacto complainant. Following Gian Singh, Narinder Singh and Yogendra Yadav, the court held that no public interest was involved and quashed all proceedings.

What did the court decide?

All proceedings against the petitioner in C.C.No.802/2022 before the Judicial First Class Magistrate Court V, Thiruvananthapuram were quashed.

Aswinikumar Vs State of Kerala — Quashing and FIR | Kerala HC (2024)

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CRL.MC NO. 351 OF 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
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945

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CRL.MC NO. 351 OF 2024

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CRIME NO.792/2022 OF Thumba Police Station, Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT CC 802/2022 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -V, THIRUVANANTHAPURAM(SPECIAL COURT-MARKLIST CASES)
PETITIONER/S:

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ASWINIKUMAR
AGED 44 YEARS
S/O SIVARAJAN VELIVILAKATH HOUSE, VAZHAPANA,
KIZHAKUMKARA, ATTIPRA VILLAGE AND WARD ,
THIRUVANANTHAPURAM, PIN - 695583

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BY ADV PREMCHAND M.

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RESPONDENT/S:

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1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2AKHIL SANTHOSH
AGED 29 YEARS
S/O SANTHOSH KUMAR, SAJI BHAVAN, VAZHAPANA,
KIZHAKUMKARA, ATTIPRA VILLAGE AND WARD
THIRUVANANTHAPURAM, PIN - 695583
BY ADVS.
Anitha John K
PREETHA RANI M.S.(K/1520/2000)

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OTHER PRESENT:

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SRI. M.C. ASHI (PP)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 351 OF 2024

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BECHU KURIAN THOMAS, J.

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==================== Crl.M.C.No.351 of 2024

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===================== Dated this the 16^th day of February, 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 sole accused in C.C.No.802/2022 on the files of the Judicial First Class Magistrate Court V, Thiruvananthapuram, arising out of Crime No.792/2022 of Thumba Police Station, Thiruvananthapuram District, registered for the offences under Sections 341, 323, 324, 294(b) and 506 (ii) of the Indian Penal Code, 1860. The 2^nd respondent is the defacto complainant.

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According to the prosecution, the accused on 14.08.2022 in furtherance of his common intention to cause injuries to the defacto complainant restrained him 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

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CRL.MC NO. 351 OF 2024

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served by continuing the proceedings.

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In Gian Singh v. State of Punjab [(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 v. State of Punjab [(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 C 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.802/2022 on the files of the Judicial First Class Magistrate Court V, Thiruvananthapuram are quashed.

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This Crl.M.C is allowed.

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Sd/

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BECHU KURIAN THOMAS JUDGE

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jm/

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CRL.MC NO. 351 OF 2024

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APPENDIX OF CRL.MC 351/2024

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PETITIONER ANNEXURES
Annexure ATRUE COPY OF THE FIR NO.792/2022 OF THUMBA
POLICE STATION DATED 16/08/2022
Annexure BTRUE COPY OF THE FINAL REPORT IN FIR
NO.792/2022 SUBMITTED BY THUMBA POLICE BEFORE
THE JUDICIAL FIRST CLASS MAGISTRATE COURT V
THIRUVANANTHAPURAM DATED 06/09/2022
Annexure 3THE AFFIDAVIT SWORN BY THE RESPONDENT NO.2
DATED 09/01/2024

Aswinikumar v. State of Kerala

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Aswinikumar v. State of Kerala

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