Allowed

Abdul Samad.S v. State of Kerala

Kerala HC2 Apr 2024Crl.MC/4969/2023

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition invoking Section 482 CrPC to quash proceedings against 13 accused persons for offences under various sections of the IPC. The Court held that the dispute was amicably settled and found the continuance of proceedings futile. Consequently, all criminal proceedings were quashed.

What did the court decide?

All proceedings against the petitioners in Crime No. 291 of 2023 of Yeroor Police Station, Kollam are quashed.

Abdul Samad.S Vs State of Kerala — Cheating and Forgery | 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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TUESDAY, THE 2ND DAY OF APRIL 2024 / 13TH CHAITHRA, 1946

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CRL.MC NO. 4969 OF 2023

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CRIME NO.291/2023 OF Yeroor Police Station, Kollam

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PETITIONERS/ACCUSED PERSONS:

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1 ABDUL SAMAD.S AGED 33 YEARS S/O SHAJI, SHANU MANZIL MARUTHIMON, VALACODE, PUNALUR P.O, PUNALUR, KOLLAM DISTRICT, PIN - 691305

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2 JAIN SAM K AGED 30 YEARS S/O SAMKUTTI K, PONNKUZHINJIYIL KUZHIYATHU VEEDU, KARAVALOOR P.O, KARAVALOOR, PUNALUR, KOLLAM, PIN - 691333

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3 NIZAM (PANNI) AGED 33 YEARS S/O THAJUDHEEN,SHAHIDA MANZIL,NEAR SHIVANKOVIL,PUNALUR P.O,PUNALUR, PIN - 691305

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4 V.JOY RAJU

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AGED 33 YEARS

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S/O RAJI, CHERUPUSHPAM,KARAVALOOR, KARAVALOOR P.O PUNALUR, , KOLLAM DISTRICT, PIN - 691333

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5 AJAY PHILIP AGED 26 YEARS

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S/O PHILIP, ALUMMOOTTIL VEEDU, AYIRANALLOOOR, MANALI P.O, PUNALUR, KOLLAM DISTRICT, PIN - 691312

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6 ANEESH AGED 40 YEARS

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S/O JAMES POOTHADATHIL ,MANALI P.O, YEROOR,
PUNALUR,KOLLAM DISTRICT, PIN - 691312

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7 RIJO JOSE AGED 26 YEARS

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S/O JOSE,RICY BHAVAN,VELLACHAL ,MANALIL P.O,YEROOR, PUNALUR., PIN - 691312

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8 SANU T AGED 31 YEARS

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S/O TULASEEDHARAN, SOUMYA VILASOM,MANALIL P.O, YEROOR,PUNALUR, PIN - 691312

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9 JOJU WILSON AGED 30 YEARS S/O JOJU WILSON GEORGE,JOJU BHAVAN, MANALIL P.O, YEROOR,PUNALUR, PIN - 691312

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10 SAJU RAJAN

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AGED 31 YEARS

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CRL.MC NO. 4969 OF 2023

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S/O RAJAN.SAJU BHAVAN,. MANALIL P.O,
YEROOR,PUNALUR, PIN - 691312

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11 SAJI SABU AGED 28 YEARS S/O SABU,PARAMBETH VEEDU, MANALIL P.O, YEROOR,PUNALUR, PIN - 691312

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12 RAJEESH AGED 36 YEARS S/O RAMANAN,RAJEESH BHAVAN, MANALIL P.O, YEROOR,PUNALUR, PIN - 691312

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13SAJCHANDARN @ KANNAN
AGED 32 YEARS
S/O RAMACHANDRAN SHYNI
BHAVAN ,MANCODE,PATHANAPURAM,KOLLAM
DISTRICTT, PIN - 689694
BY ADV NAHAS H.

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RESPONDENTS:

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

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2JAMES S SCARIA
AGED 38 YEARS
S/O SCARIA,AGED 38 YEARS, MKS
VILLA,DHARBHAPANA, AYIRANALLOOR,VILAKKUPARA
P.O,KOLLAM DISTRICT, PIN - 691312
BY ADV PUBLIC PROSECUTOR

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OTHER PRESENT:

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SMT. SREEJA V. (PP)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 02.04.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:

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CRL.MC NO. 4969 OF 2023

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BECHU KURIAN THOMAS, J.

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Crl.M.C. No. 4969 of 2023

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Dated this the 2^nd day of April, 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 the accused in Crime No. 291 of 2023 of Yeroor Police Station, Kollam, registered for the offences under Sections 323, 324, 294(b), 308, 326, 143, 144, 147 and 148 r/w Section 149 of the Indian Penal Code, 1860. Second respondent is the defacto complainant.

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According to the prosecution, the accused had on 30-03-2023 formed themselves into an unlawful assembly and abused the defacto complainant and assaulted him causing grievous injures and thereby committed the offences alleged .

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

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CRL.MC NO. 4969 OF 2023

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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 A2 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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The learned Public Prosecutor upon instructions pointed out that the 3^rd petitioner is involved in 10 other crimes while the 4^th petitioner is involved in two other crimes. However, having regard to the nature of the allegations in the present case and the settlement arrived at between the parties, I am of the view that no

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CRL.MC NO. 4969 OF 2023

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purpose would be achieved by continuing the prosecution.

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Accordingly, all proceedings against the petitioners in Crime No. 291 of 2023 of Yeroor Police Station, Kollam are

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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. 4969 OF 2023

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APPENDIX OF CRL.MC 4969/2023

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PETITIONER ANNEXURES

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Annexure A1 THE TRUE COPY OF THE FIR NO. 291/2023 DATED 30/03/2023 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PUNALUR Annexure A2 AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANT Annexure A3 TRUE COPY OF THE FINAL REPORT IN CP 52/2023 TRUE COPY

Abdul Samad.S v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abdul Samad.S v. State of Kerala

Case brief

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