Allowed

Bidhul Balan v. State of Kerala

Kerala HC6 Feb 2024Crl.MC/95/2024

Case brief

AI extract

What is this about?

Accused sought quashing of proceedings for unlawful assembly and assault after settlement with the defacto complainant and injured witnesses, evidenced by affidavits verified by the Public Prosecutor. Relying on Gian Singh and later decisions, the High Court held no public interest was involved and quashed all proceedings.

What did the court decide?

All proceedings against petitioners in C.C. No. 246 of 2023 before Judicial First Class Magistrate Court-IV, Kozhikode quashed.

Bidhul Balan 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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TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945

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CRL.MC NO. 95 OF 2024

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CRIME NO.131/2023 OF Nadakkavu Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT CC 246/2023 OF JUDICIAL MAGISTRATE OF

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FIRST CLASS -IV,KOZHIKODE

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PETITIONERS/ACCUSED 1 TO 5:

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1 BIDHUL BALAN

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AGED 21 YEARS
S/O BALAN BINSHA NIVAS (H) THODANNUR P.O VATAKARA
KOZHIKODE, PIN - 673541

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2 MISBAH AGED 19 YEARS

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S/O SAKKEER HUSSAIN BAITHUL MISBAH (H) PALLIKANDI
KALAYI P O KOZHIKODE, PIN - 673003

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3 KRISHNA KIRAN AGED 21 YEARS S/O MURALEEDHARAN VARAPPURATH (H) VILLIAPPALLI P.O VATAKARA KOZHIKODE, PIN - 673542

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4 JOBIN RAJ AGED 20 YEARS S/O RAJEEVAN CHERUKUTTI (H) THIKKODI P.O KOZHIKODE, PIN - 673529

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5 MUHAMMED SHIBILY AGED 21 YEARS S/O ABDUL SALAM , KANDAPPARA (H) OMANNUR P.O MALAPPURAM, PIN - 673645 BY ADV K.REEHA KHADER

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RESPONDENTS/STATE/DEFACTO COMPLAINANT:

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1 STATE OF KERALA

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

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2 ABINAV B R AGED 19 YEARS S/O BALACHANDRAN NAIR MEETHALE KANJIROTTU (H) KARIYATHAN KAVU P O BALUSSERY KOZHIKODE, PIN - 673612

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3 ARJUN R K AGED 20 YEARS

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3. AGED 20 YEARS S/O RATNAKUMAR, RATNAKESH (H) VELLAYIL
P O GANDHI ROAD, KOZHIKODE, PIN - 673011

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CRL.MC NO. 95 OF 2024

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4PRANAV M
AGED 17 YEARS
S/O PRESHANTH MOOTHEDATH (H) CHELAVOOR P O
KOZHIKODE, PIN - 673571

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5DILLAN CHRISTY
AGED 20 YEARS
S/O BIJESH PRIYAN PUTHANPURAYIL (H)
CHERAVAMBALAM P O KOZHIKODE, PIN - 673017

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OTHER PRESENT:

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SRI. NOUSHAD K.A. (PP) / SRI. P.K. SUBHASH
(FOR RESPONDENT)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 06.02.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:

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CRL.MC NO. 95 OF 2024

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BECHU KURIAN THOMAS, J.

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Crl.M.C. No. 95 of 2024

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Dated this the 6^th day of February, 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 1 to 5 in C.C. No. 246 of 2023 on the files of the Judicial First Class Magistrate’s Court-IV, Kozhikode arising out of Crime No.131 of 2023 of Nadakkavu Police Station, Kozhikode registered for the offences under Sections 143, 147, 341, 323, 324 and 148 r/w Section 149 of the Indian Penal Code, 1860. Respondents 2, 3, 4 and 5 are the defacto complainant and other injured witnesses.

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According to the prosecution, the accused had on 02-02-2023 formed themselves into an unlawful assembly and restrained the defacto complainant and assaulted them and thereby committed the offences alleged.

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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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CRL.MC NO. 95 OF 2024

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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

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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 A3, Annexure A4, Annexure A5 and Annexure A6 affidavits filed by respondents 2, 3, 4 and 5. 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 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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CRL.MC NO. 95 OF 2024

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Accordingly, all proceedings against the petitioners in

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C.C. No. 246 of 2023 on the files of the Judicial First Class

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Magistrate’s Court-IV, Kozhikode are quashed.

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This Crl.M.C is allowed as above.

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BECHU KURIAN THOMAS JUDGE

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AJM

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CRL.MC NO. 95 OF 2024

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APPENDIX OF CRL.MC 95/2024

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PETITIONER ANNEXURES

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Annexure A1CERTIFIED COPY OF THE FINAL REPORT
IN CRIME NO. 131/2023 OF NADAKKAVU
POLICE STATION, KOZHIKODE DISTRICT
PENDING BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT-IV KOZHIKODE
AS C.C.NO.246/2023

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Annexure A2 CERTIFIED COPY OF MEMORANDUM OF EVIDENCE Annexure A 3 SECOND RESPONDENT AFFIDAVIT Annexure A4 THIRD RESPONDENT AFFIDAVIT Annexure A5 FORTH RESPONDENT AFFIDAVIT Annexure A6 FIFTH RESPONDENT AFFIDAVIT TRUE COPY

Bidhul Balan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Bidhul Balan v. State of Kerala

Case brief

What is this about?

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