Allowed

Sony P J, v. State of Kerala

Kerala HC3 Mar 2025Crl.MC/828/2025

Case brief

AI extract

What is this about?

Kerala High Court allowed criminal miscellaneous case and quashed summary trial proceedings. The dispute regarding Section 341, 323, 308 offences was settled amicably by respondents. Court held continued proceedings were abuse of process.

What did the court decide?

Criminal miscellaneous case allowed; final report submitted; summary trial proceedings (S.C. No.873 of 2022) quashed against appellants.

Sony P J, Vs State of Kerala — Writ and Judicial Review | Kerala HC (2025)

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2025:KER:22266

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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 V.G.ARUN

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MONDAY, THE 3RD DAY OF MARCH 2025/12TH PHALGUNA, 1946

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CRL.MC NO. 828 OF 2025

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CRIME NO.113/2021 OF CHERUPUZHA POLICE STATION, KANNUR

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AGAINST THE ORDER/JUDGMENT IN CC NO.873 OF 2022 OF ASSISTANT
SESSIONS COURT/SUB COURT/COMMERCIAL COURT, PAYYANNUR

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PETITIONERS/ACCUSED NO.1 & 2:

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1SONY P J,
AGED 45 YEARS, S/O. JOSEPH,
PULIKKA KUNNEL (H), KAKKENCHAL, VAYYAKKARA,
CHERUPUZHA, KANNUR DISTRICT, PIN - 670511

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2SUNIL,
AGED 49 YEARS, S/O. JOSEPH,
PUTHANPURAYIL (H), KAKKENCHAL, VAYYAKKARA,
CHERUPUZHA, KANNUR DISTRICT,
PIN - 670511

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BY ADV ASHITHA RIA MERIN

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RESPONDENTS/STATE & COMPLAINANT:

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

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2SHEBIN THOMAS,
AGED 29 YEARS, S/O. THOMAS,
KAIPPANANICKAL (H), KUNDAMTHADAM,
PADIYOTTUCHAL P. O., VAYAKKARA, PAYYANUR,
KANNUR, PIN - 670511

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CRL.MC NO. 828 OF 2025

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2025:KER:22266

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3SHINTO THOMAS,
AGED 34 YEARS, S/O. THOMAS,
KAIPPANANICKAL (H), KUNDAMTHADAM, PADIYOTTUCHAL P.O.,
VAYAKKARA, PAYYANUR, KANNUR, PIN - 670511

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BY ADV P.K.SUBHASH
SMT. PUSHPALATHA. M.K, SR.PP.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 828 OF 2025

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2025:KER:22266

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ORDER

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Dated this the 3^rd day of March, 2025

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Petitioners are the accused in Crime No.113 of 2021 registered at the Cherupuzha Police Station for offences punishable under Sections 341, 323, 324, 506, 294(b), 308 and 427 read with Section 34 of the Indian Penal Code, now pending as S.C No.873 of 2022 on the files of the Assistant Sessions Court, Payyannur.

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The crime was registered on the allegation

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that, on 15.06.2021, at about 18:00 hours, the accused, due to previous enmity, restrained, verbally abused and threatened the de facto complainant, and assaulted him and CW2 using an iron rod. It is further alleged that accused damaged the de facto complainant’s car, causing a loss of Rs.13,000/-.

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Learned Counsel for the petitioners submitted

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that the dispute, which led to the incident and registration of the crime, is amicably settled and Annexures AII and AIII affidavits have been filed by

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CRL.MC NO. 828 OF 2025

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2025:KER:22266

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respondents 2 and 3 vouching this fact.

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Learned Counsel for respondents 2 and 3 also

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submitted that the dispute is settled and his clients have

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no grievance against the petitioners.

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I heard the learned Public Prosecutor also.

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Having considered the gravity of the offences

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alleged and having perused the affidavits, the contents of which are vouched to be true and voluntary by the Counsel for respondents 2 and 3, I am satisfied that no public interest is involved in this matter and the dispute has been settled amicably. In view of the settlement, there is no possibility of the criminal proceedings ending in conviction. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v State of Punjab [(2008) 4 SCC 582] and Gian Singh v State of

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Punjab and Another [(2012) 10 SCC 303], there is no impediment in granting the relief.

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CRL.MC NO. 828 OF 2025

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2025:KER:22266

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In the result, this Crl.M.C is allowed. Annexure AI final report in Crime No.113 of 2021 of Cherupuzha Police Station and all further proceedings in S.C No.873 of 2022 on the files of the Assistant Sessions Court, Payyannur, as against the petitioners, is quashed.

Sd/-

V.G.ARUN

JUDGE

ARK

CRL.MC NO. 828 OF 2025

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2025:KER:22266

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APPENDIX OF CRL.MC 828/2025

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PETITIONER ANNEXURES

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ANNEXURE AITRUE COPY OF THE FINAL REPORT DATED
31.08.2022 IN CRIME NO.113/2021 OF CHERUPUZHA
POLICE STATION, KANNUR DISTRICT ALONG WITH
FIR, FIS AND READABLE COPY OF PAGE NO. 53
ANNEXURE AIITRUE COPY OF THE AFFIDAVIT SWORN TO BY THE
RESPONDENT NO. 2 ENDORSING THE FACTUM OF
COMPOUNDING OF THE ABOVE SAID OFFENCES AND
THE SETTLEMENT OF DISPUTES BETWEEN THE
PARTIES DATED 30.06.2024
ANNEXURE AIIITRUE COPY OF THE AFFIDAVIT SWORN TO BY THE
RESPONDENT NO. 3 ENDORSING THE FACTUM OF
COMPOUNDING OF THE ABOVE SAID OFFENCES AND
THE SETTLEMENT OF DISPUTES BETWEEN THE
PARTIES DATED 30.06.2024

Sony P J, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sony P J, v. State of Kerala

Case brief

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