Allowed

Biju v. State of Kerala

Kerala HC8 Apr 2024Crl.MC/620/2024

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a Criminal Miscellaneous petition filed under Section 482 CrPC to quash criminal proceedings against the petitioner in a case alleging animal cruelty and the misappropriation of public property. The court held that since the dispute was settled out of court, involved minor offences, and was personal in nature without public interest, there was no reason to disallow

What did the court decide?

All further proceedings against the petitioner in Crime No.149/2023 Pending as C.C.No.398/2023 stand quashed.

Biju 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 A. BADHARUDEEN

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MONDAY, THE 8TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946

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CRL.MC NO. 620 OF 2024

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CRIME NO.149/2023 OF Valappad Police Station, Thrissur

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AGAINST THE ORDER/JUDGMENT DATED IN CC NO.398 OF 2023 OF JUDICIAL
MAGISTRATE OF FIRST CLASS, KODUNGALLUR

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PETITIONER/S:

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BIJU
AGED 45 YEARS

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SON OF THILAKAN, KUNNATH HOUSE, KOTHAKULAM BEACH DESOM,
VALAPAD VILLAGE, THRISSUR, PIN - 680567
BY ADV JITHIN BABU A

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RESPONDENT/S:

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

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2LISHA
AGED 44 YEARS
DAUGHTER OF SASI, KUNNATH HOUSE, KOTHAKULAM BEACH
DESOM, VALAPAD VILLAGE, THRISSUR, PIN - 680567

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OTHER PRESENT:

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PP Nima Jacob

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC.NO.620 Of 2024

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A. BADHARUDEEN J.

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CRL.MC. NO. 620 OF 2024 --------------------------------------- Dated this the 8^th day of April, 2024 O R D E R

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This criminal miscellaneous case has been filed
under Section 482 of the Code of Criminal Procedure,
1973, to quash all further proceedings against the
petitioner in crime No.149/2023 of Valapad Police
Station, Thrissur now pending as C.C.No.398/2023 on the
files of the Judicial First Class Magistrate Court,
Kodungallur. Petitioner herein is the sole accused in
the above case.

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2.Heard the learned counsel for the petitioners,
the learned counsel for the defacto complainant and the
learned Public Prosecutor.

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3.In this matter, offences punishable under
Section 429 of IPC and Sec.11(1) (I) of Prevention of
Cruelty to Animals Act are alleged to have been
committed by the accused.

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4.On a perusal of Annexure A3 affidavit filed
by the 2nd respondent, it is stated that the dispute in

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CRL.MC.NO.620 Of 2024

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between the complainant and the 1st accused were settled
out of court.

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5.Since the matter involving minor offences has
been settled, there is no reason to disallow the prayer
for quashment. The disputes between them are purely
personal in nature and no public interest is involved.
Therefore, in the interest of justice, I am inclined to
allow this petition.

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In the result, this petition stands allowed. All
further proceedings against the petitioners in crime
No.149/2023 of Valapad Police Station, Thrissur now
pending as C.C.No.398/2023 on the files of the Judicial
First Class Magistrate Court, Kodungallur, stand
quashed.

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Sd/-

A. BADHARUDEEN

JUDGE

CRL.MC.NO.620 Of 2024

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APPENDIX OF CRL.MC 620/2024

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PETITIONER ANNEXURES
Annexure 1A TRUE COPY OF THE FIR DATED 14/02/2023 IN
CRIME NO. 149/2023 REGISTERED AT VALAPAD
POLICE STATION, THRISSUR DISTRICT.
Annexure 2A CERTIFIED COPY OF THE FINAL REPORT DATED
03/03/2023 LAID AGAINST THE PETITIONER IN CC
NO. 398/2023 ON THE FILE OF THE HON'BLE JFCM
COURT, KODUNGALLUR.
Annexure 3THE AFFIDAVIT DATED 26/12/2023 SWORN BY THE
2ND RESPONDENT/DE-FACTO COMPLAINANT.

Biju v. State of Kerala

Case brief

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Biju v. State of Kerala

Case brief

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