Allowed

Harikumar v. State of Kerala

Kerala HC1 Apr 2024Crl.MC/5471/2020

Case brief

AI extract

What is this about?

Cross FIRs arising from the same occurrence between two families were quashed after both de facto complainants filed affidavits recording an amicable settlement and the Public Prosecutor conceded it. The court held the offences were not serious and allowed both Section 482 petitions.

What did the court decide?

Annexure A1 FIRs in Crime Nos.2733/2020 and 2734/2020 and further proceedings quashed.

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

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

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MONDAY, THE 1ST DAY OF APRIL 2024 / 12TH CHAITHRA, 1946

¶5

CRL.MC NO. 5471 OF 2020

¶6

CRIME NO.2733/2020 OF KARUNAGAPALLY POLICE STATION, KOLLAM

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PETITIONER/ACCUSED:

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HARIKUMAR

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AGED 24 YEARS
S/O.SHIVAKUMAR, MAVELI VEETIL, AYANITHEKKU MURY,
AYANIVELIKULANGARA VILLAGE, KARUNAGAPPALLY, KOLLAM
DISTRICT-690 573.

¶10

BY ADV K.B.SAJAN

¶11

RESPONDENTS/COMPLAINANT & DE FACTO COMPLAINANT:

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1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682 031.

¶13

2SHRUTHY ANI
AGED 29 YEARS
W/O.ANIMON, NADUVATHUSHERI VEEDU, AYANITHEEKKU MURI,
KARUNAGAPPALLY, KOLLAM DISTRICT, KERALA, PIN-690 573.

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R1 BY PUBLIC PROSECUTOR SMT.NIMA JACOB

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R2 BY ADV S.JAYAKRISHNAN (KARUNAGAPPALLY)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.04.2024 ALONG WITH CRL.M.C.NO.5480 OF 2020, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:

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CRL.MC NOS. 5471 OF 2020 & CRL.MC NO. 5480 OF 2020 2

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶19

PRESENT

¶20

THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

¶21

MONDAY, THE 1ST DAY OF APRIL 2024 / 12TH CHAITHRA, 1946

¶22

CRL.MC NO. 5480 OF 2020

¶23

CRIME NO.2734/2020 OF KARUNAGAPALLY POLICE STATION,

¶24

KOLLAM

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PETITIONERS/ACCUSED 1 & 2:

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1 RAJU

¶27

AGED 62 YEARS
S/O. SUNDARESHAN, NADUVATHUSHERI VEEDU,
AYANITHEEKKU MURI, KARUNAGAPPALLY, KOLLAM
DISTRICT, KERALA,

¶28

PIN-690 573.

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2ANIMON
AGED 36 YEARS

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S/O. RAJU, NADUVATHUSHERI VEEDU, AYANITHEEKKU
MURI, KARUNAGAPPALLY, KOLLAM DISTRICT, KERALA,
PIN-690 573.

¶31

BY ADV S.JAYAKRISHNAN (KARUNAGAPPALLY)

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RESPONDENTS/COMPLAINANT & DE FACTO COMPLAINANT:

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1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031.

¶34

2LAKSHMI SHIVAKUMAR
AGED 28 YEARS
D/O. SHIVAKUMAR, MAVELI VEETIL, AYANITHEEKKU
MURI, KARUNAGAPPALLY, KOLAM DISTRICT, KERALA,
PIN-690 573.

¶35

R1 BY SR.PUBLIC PROSECUTOR SRI.RENJITH GEORGE
R2 BY ADV K.B.SAJAN

¶36

THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 01.04.2024 ALONG WITH CRL.M.C.NO.5471 OF
2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶37

CRL.MC NOS. 5471 OF 2020 &

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CRL.MC NO. 5480 OF 2020 3

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COMMON ORDER

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Dated this the 1^st day of April, 2024

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These Criminal Miscellaneous Cases have been filed under Section 482 of the Code of Criminal Procedure.

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Crl.M.C.No.5471/2020 has been filed to quash

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Annexure A1 FIR in Crime No.2733/2020 of Karunagappally Police Station and its further proceedings. In Crime No. 2733/2020, the prosecution alleges commission of offences punishable under Sections 294(b) and 354(c) of the Indian Penal Code as well as under Section 119(b) of the Kerala Police Act, 2011.

¶44

Crl.M.C.No.5480/2020 has been filed to quash

¶45

Annexure A1 FIR in Crime No.2734/2020 of Karunagappally Police Station and its further proceedings. In Crime No. 2734/2020, the prosecution alleges commission of offences punishable under

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CRL.MC NOS. 5471 OF 2020 & CRL.MC NO. 5480 OF 2020 4

¶47

Sections 451, 294(b), 323, 354 r/w Section 34 of the Indian Penal Code.

¶48

Heard the learned counsel for the petitioners in both the cases, the de facto complainants as well as the learned Public Prosecutor.

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These are case and counter, registered out of the same occurrence and the respective de facto complainants filed affidavits stating that both cases were settled amicably.

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The learned Public Prosecutor conceded the settlement and recording of statements in this regard.

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Since the offences are not so serious in a matter involving case and counter; and the matter has been amicably settled between the parties, there is no reason to disallow the prayer for quashment. Therefore, in the interest of justice, I am inclined to allow these petitions.

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In the result, these Criminal Miscellaneous Cases stand allowed. Annexure A1 FIR in Crime No.2733/2020

¶53

CRL.MC NOS. 5471 OF 2020 &

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CRL.MC NO. 5480 OF 2020 5

¶55

of Karunagappally Police Station and Annexure A1 FIR in Crime No.2734/2020 of Karunagappally Police Station, and the proceedings thereof, stand quashed.

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Sd/- A. BADHARUDEEN JUDGE

¶57

¶58

CRL.MC NOS. 5471 OF 2020 &

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CRL.MC NO. 5480 OF 2020 6

¶60

APPENDIX OF CRL.MC 5471/2020

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PETITIONER’S ANNEXURES

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ANNEXURE A1CERTIFIED COPY OF FIR IN CRIME NO.2733/2020
OF KARUNAGAPPALLY POLICE STATION.
ANNEXURE A2AFFIDAVITDATED13.11.2020OF2ND
RESPONDENT.
ANNEXURE A3CERTIFIED COPY OF FIR IN CRIME NO.2733/2020
OF KARUNAGAPALLY POLICE STATION, KOLLAM.
ANNEXURE A4CERTIFIED COPY OF FINAL REPORT IN CRIME
NO.2733/2020 OF KARUNAGAPALLY POLICE
STATION, KOLLAM.

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RESPONDENTS’ ANNEXURES : NIL

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CRL.MC NOS. 5471 OF 2020 &

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CRL.MC NO. 5480 OF 2020 7

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APPENDIX OF CRL.MC 5480/2020

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PETITIONERS’ ANNEXURES

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ANNEXURE A1CERTIFIED COPY OF FIR IN CRIME
NO.2734/2020 OF KARUNAGAPALLY POLICE
STATION.
ANNEXURE A2AFFIDAVIT DATED 13.11.2020 OF 2ND
RESPONDENT.
ANNEXURE A3CERTIFIED COPY OF FIR IN CRIME
NO.2734/2020 OF KARUNAGAPALLY POLICE
STATION, KOLLAM.
ANNEXURE A4CERTIFIED COPY OF FINAL REPORT IN
CRIME NO.2734/2020 OF KARUNAGAPALLY
POLICE STATION, KOLLAM.

¶69

 RESPONDENTS’ ANNEXURES :NIL

Harikumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Harikumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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