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Ninav M.S. vs State of Kerala

Ninav M.S. vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 25, 2023
~3 min read
https://sooperkanoon.com/case/1343343

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Crl.MC/1829/2023

Parties & Advocates

Appellant / Petitioner

Ninav M.S.

Respondent

State of Kerala

Excerpt

.....the same and found it to be genuine.5. the allegations would reveal that the dispute is purelyprivate in nature. in such circumstances, by applying the principles laid down by the honourable supreme court in gian singh v. state of punjab and another [(2012) 10 scc 303], proceedings can be quashed by invoking the powers of this court under section 482 cr.p.c. this is particularly because, on account of the settlement, no fruitful purpose would be served by allowing the prosecution to continue.in the result, this crl.m.c. is allowed, and annexure-a1 fir submitted in crime no.19 of 2023 of mannanchery police station crl.m.c.no.1829/2023 4 and all further proceedings in c.c.no.129 of 2023 on the file of the judicial first class magistrate court-ii, alappuzha, against the petitioner are hereby quashed.sd/- ziyad rahman a.a. judge dg/25.4.23 crl.m.c.no.1829/2023 5 appendix of crl.mc 1829/2023 petitioner annexures annexure a1 certified copy of fir and fis in crime no. alappuzha annexure a2 affidavit sworn by respondent no.2/ de- facto complainant annexure a3 affidavit sworn by respondent no. 3/ victim annexure a4 certified copy of final report in crime no. 19/2023 of mannancherry police station

Full Judgment

Crl.M.C.No.1829/2023 1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 25TH DAY OF APRIL 2023 / 5TH VAISAKHA, 1945 CRL.MC NO. 1829 OF 2023 PETITIONER: NINAV M.S., AGED 20 YEARS, S/O.SAJEEVKUMAR, MULLACKAL HOUSE KORANODY, VARANDARAPPILLY, THRISSUR, PIN - 680 303. BY ADV.SOHAIL MOHAMMED ANSARY RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031. 2 BIJUMON, AGED 40 YEARS, S/O.SOMAN, CHAKKANATTUCHIRA VEETIL, MANNANCHERRY P.O., MANNANCHERRY P/W 21, ALAPPUZHA, PIN - 688 538. 3 BINUMON, AGED 38 YEARS, S/O.SOMAN, CHAKKANATTUCHIRA VEETIL, MANNANCHERRY P.O., MANNANCHERRY P/W 21, ALAPPUZHA, PIN - 688 538. BY SMT.MAYA M.N. PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.04.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.No.1829/2023 2

ORDER

The petitioner is the accused in Crime No.19 of 2023 of Mannanchery Police Station, which was registered for the offences punishable under Section 324 IPC. Crime was registered on the basis of the complaint submitted by the victims of the crime who are respondents 2 and 3.

2. Annexure-A1 is the FIR. This Crl.M.C. is filed to quash

all further proceedings pursuant to Annexure-A1. Subsequently, final report was submitted by the Police, a copy of which is produced as Annexure-A4 along with Crl.M.Appln.No.1 of 2023. Now the matter is pending before the Judicial First Class Magistrate Court-II, Alappuzha as C.C.No.129 of 2023.

3. Heard Sri.Sohail Mohammed Ansary, learned counsel for the petitioner, Smt.Maya M.N, learned Public Prosecutor for the State and Smt.Ameena, learned counsel for the respondents 2 and 3.

4. Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexures-A2 and A3 affidavits sworn by the 2 nd and 3rd Crl.M.C.No.1829/2023 3

respondents are filed along with this Crl.M.C. to substantiate the settlement. In the said affidavits, the 2 nd and 3rd respondents had specifically acknowledged the aforesaid settlement and also conveyed their no-objection to quash the proceedings against the petitioner herein. The learned counsel appearing for the 2 nd and 3rd

respondents also confirms the same. The learned Public Prosecutor, upon instructions, submitted that the Station House Officer concerned has verified the veracity of the same and found it to be genuine.

5. The allegations would reveal that the dispute is purely

private in nature. In such circumstances, by applying the principles laid down by the Honourable Supreme Court in Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303], proceedings can be quashed by invoking the powers of this Court under Section 482 Cr.P.C. This is particularly because, on account of the settlement, no fruitful purpose would be served by allowing the prosecution to continue.

In the result, this Crl.M.C. is allowed, and Annexure-A1 FIR submitted in Crime No.19 of 2023 of Mannanchery Police Station Crl.M.C.No.1829/2023 4 and all further proceedings in C.C.No.129 of 2023 on the file of the Judicial First Class Magistrate Court-II, Alappuzha, against the petitioner are hereby quashed.

Sd/- ZIYAD RAHMAN A.A. JUDGE DG/25.4.23 Crl.M.C.No.1829/2023 5 APPENDIX OF CRL.MC 1829/2023 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF FIR AND FIS IN CRIME NO. ALAPPUZHA Annexure A2 AFFIDAVIT SWORN BY RESPONDENT NO.2/ DE- FACTO COMPLAINANT Annexure A3 AFFIDAVIT SWORN BY RESPONDENT NO. 3/ VICTIM Annexure A4 CERTIFIED COPY OF FINAL REPORT IN CRIME NO. 19/2023 OF MANNANCHERRY POLICE STATION

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