Rahul vs State of Kerala

RAHUL vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 01, 2024

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https://sooperkanoon.com/case/1295661

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Citation: sooperkanoon.com/1295661
Court: Kerala High Court
Judge: Honourable Mrs. Justice Sophy Thomas
Decided On: Feb 01, 2024
Case Number: Crl.MC/5160/2023

Parties & Advocates

Appellant / Petitioner

RAHUL

Respondent

State of Kerala

Excerpt

.....misc. case having come up for admission on 01.02.2024, the court on the same day passed the following: ..3.. sophy thomas, j ========================= ========================== dated this the 1st day of february, 2024orderthis crl.m.c. under section 482 of cr pc is filed by the accused in crime no.213/2023 of thrikunnappuzha police station, alappuzha, registered under sections 143, 144, 147, 148, 452, 323, 324, 294(b) and 149 of ipc, for quashing annexure a1 fir.2. the prosecution allegation is that, on 24.03.2023 at10.30 am, the petitioners formed themselves into an unlawful assembly trespassed into the house of respondent nos.3 and 4, abused the 3rd respondent, outraged her modesty, and assaulted respondent nos.3 and 4.3. when the matter is taken up for consideration,learned counsel for the petitioners would submit that, the matter has been amicably settled and they produced annexure a2 & a3 affidavits filed by the 3 rd and 4th respondents, stating that the entire dispute has been settled, and they are not intending to prosecute this matter any further. ..4..4. learned public prosecutor obtained instructionsregarding the settlement, and produced signed statement of the affected parties, in which they have stated that, they have no objection in quashing annexure a1 fir, and the proceedings pursuant thereto. since the matter stands settled, this court is of the view that, there is no purpose in proceeding with the criminal prosecution initiated against the petitioners.5. in the light of the principles laid down by thesupreme court in gian singh v. state of punjab and another [(2012) 10 scc 303] and state of madhya pradesh v. laxmi narayanan and others [(2019) 5 scc 688], this court is of the view that the proceedings can be quashed on the basis of settlement. in the result, this criminal miscellaneous case is allowed, and annexure a1 fir in crime no.213/2023 of thrikunnappuzha police station, alappuzha, stands quashed. sd/- sophy thomas judge acr ..5.......

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 CRL.MC NO. 5160 OF 2023 CRIME NO.213/2023 OF Thrikkunnappuzha Police Station, Alappuzha PETITIONERS/ACCUSED: 1 RAHUL

AGED 23 YEARS RAHUL,S/O RAMANAN, PUTHEN MANNAYIL, PERUMPALLI KARTHIKAPPALLY THALUK, ALAPUZHA DISTRICT, PIN - 2 SANGEETH AGED 35 YEARS SANGEETH,S/O SUDHEESAN, KOCHUVEETTIL,PERUMPALLI MURI, ARATTUPUZHA VILLAGE, VALIYAZHEEKKAL P.O, KARTHIKAPPALLY THALUK, ALAPUZHA DISTRICT., PIN - 690535 3 SANDHEEP AGED 25 YEARS SANDHEEP,S/O SUDHAN, KOCHUVEETTIL, PERUMP[ALLI MURI, ARATTUPUZHA VILLAGE,VALIYAZHEEKKAL.P.O, KARTHIKAPPALLY THALUK, ALAPUZHA DISTRICT, PIN - 4 VINAY AGED 25 YEARS VINAY, S/O SATHYAN, VAIDYANTE PADEETTATHIL,PERUMPALLI MURI, ARATTUPUZHA VILLAGE, VALIYAZHEEKKAL.P.O, KARTHIKAPPALLY THALUK, ALAPUZHA DISTRICT, PIN - 690535 5 SACHU AGED 23 YEARS SACHU, S/O SUDHAN, KOCHUVEETTIL, PERUMPALLI KARTHIKAPPALLY THALUK, ALAPUZHA DISRTICT, PIN - 6 VISHNU AGED 19 YEARS ..2..

VISHNU, S/O BHASKARAN, KOCHUVEETTIL, PERUMPALLI KARTHIKAPPALLY THALIK, ALAPUZHA DISTRICT., PIN - 7 ADARSH AGED 26 YEARS ADARSH,S/O MURUKAN, THACHAYIL, PERUMPALLI MURI, ARATTUPUZHA VILLAGE, VALIYAZHEEKKAL.P.O, KAERHIIKAPPALLY THALUK, ALAPUZHA DISTRICT, PIN - BY ADV S.NAUSHAD RESPONDENTS/STATE:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER, THRIKUNNAPPUZHA POLICESTATION STATION HOUSE OFFICER, THRIKKUNNAPPUZHA POLICESTATION, ALAPUZHA DISTRICT, PIN - 690515 3 AMBILY AGED 50 YEARS AMBILY, W/O ASHOKAN, VETTUTHARAYIL, THARAYIL KADAVU, VALIYAZHEEKKAL P.O, ARATTUPUZHA VILLAGE, ALAPUZHA DISTRICT., PIN - 690535 4 AMAL AGED 20 YEARS AMAL S/O ASHOKAN, VETTUTHARAYIL, THARAYIL KADAVU, VALIYAZHEEKKAL P.O, ARATTUPUZHA VILLAGE, ALAPUZHA DISTRICT., PIN - 690535 SR.PP-SRI.RENJIT GEORGE

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ..3.. SOPHY THOMAS, J ========================= ========================== Dated this the 1st day of February, 2024

ORDER

This Crl.M.C. under Section 482 of Cr PC is filed by the accused in Crime No.213/2023 of Thrikunnappuzha Police Station, Alappuzha, registered under Sections 143, 144, 147, 148, 452, 323, 324, 294(b) and 149 of IPC, for quashing Annexure A1 FIR.

2. The prosecution allegation is that, on 24.03.2023 at

10.30 AM, the petitioners formed themselves into an unlawful assembly trespassed into the house of respondent nos.3 and 4, abused the 3rd respondent, outraged her modesty, and assaulted respondent nos.3 and 4.

3. When the matter is taken up for consideration,

learned counsel for the petitioners would submit that, the matter has been amicably settled and they produced Annexure A2 & A3 affidavits filed by the 3 rd and 4th respondents, stating that the entire dispute has been settled, and they are not intending to prosecute this matter any further. ..4..

4. Learned Public Prosecutor obtained instructions

regarding the settlement, and produced signed statement of the affected parties, in which they have stated that, they have no objection in quashing Annexure A1 FIR, and the proceedings pursuant thereto. Since the matter stands settled, this Court is of the view that, there is no purpose in proceeding with the criminal prosecution initiated against the petitioners.

5. In the light of the principles laid down by the

Supreme Court in Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] and State of Madhya Pradesh v. Laxmi Narayanan and others [(2019) 5 SCC 688], this Court is of the view that the proceedings can be quashed on the basis of settlement. In the result, this Criminal Miscellaneous Case is allowed, and Annexure A1 FIR in Crime No.213/2023 of Thrikunnappuzha Police Station, Alappuzha, stands quashed. Sd/- SOPHY THOMAS JUDGE ACR ..5.. APPENDIX OF CRL.MC 5160/2023 PETITIONER ANNEXURES AnnexureA1 TRUE COPY OF FIR DATED 27-03-2023 IN CRIME NO. 213/2023 OF THE THRIKUNNAPPUZHA POLICE STATION, ALAPUZHA Annexure A 2 TRUE COPY OF AFFIDAVIT DATED Annexure A3 TRUE COPY OF AFFIDAVIT DATED

Same Court & Year Kerala · 2024 Same Parties RAHUL vs State of Kerala Same Judge Honourable Mrs. Justice Sophy Thomas