Sajith Khan vs State of Kerala

Type Court Judgment Court Kerala Decided Oct 31, 2023

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Citation: sooperkanoon.com/1372448
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Oct 31, 2023
Case Number: Crl.MC/5354/2023

Parties & Advocates

Appellant / Petitioner

Sajith Khan

Respondent

State of Kerala

Excerpt

.....vallakkadavu p.o, thiruvananthapuram district, pin - 695008by advs. public prosecutor rahul s r sureshbabu crl.mc no. 5354 of 2023 2 other present: sri mp prasanth,pp this criminal misc. case having come up for admission on 31.10.2023, the court on the same day passed the following: crl.mc no. 5354 of 2023 3 p.v.kunhikrishnan, j --------------------------------------- crl.m.c. no. 5354 of 2023 -------------------------------------- dated this the 31st day of october, 2023orderthis crl.m.c. is filed to quash the proceedings in crime no.309/2023 of valiyathura police station, thiruvananthapuram. it is submitted that the final report is also filed in the above case. the crl.m.c. is filed to quash the proceedings based on settlement.2. the public prosecutor after getting instructionssubmitted that the petitioner has got criminal antecedents and he is involved in one theft case and in another case in which the offence alleged is under secs.376 ipc and pocso act. in such situation, in the light of the dictum laid down by the apex court, the criminal miscellaneous case cannot be quashed crl.mc no. 5354 of 2023 4 based on settlement. but, there can be a direction to dispose the case as expeditiously as possible. therefore, this crl.m.c. is disposed of directing the jurisdictional court to dispose the case as expeditiously as possible. sd/- p.v.kunhikrishnan judge sks crl.mc no. 5354 of 2023 5 appendix of crl.mc 5354/2023 petitioner annexures annexure a1 the true copy of the first informationreport in crime no. 309/2023 of valiyathura police station, on the files of the judicial first-class magistrate court- xi, thiruvananthapuram district annexure a2 an affidavit sworn by the second respondent stating the settlement of all the disputes

Full Judgment

CRL.MC NO. 5354 OF 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 31ST DAY OF OCTOBER 2023 / 9TH KARTHIKA, 1945 CRL.MC NO. 5354 OF 2023 CRIME NO.309/2023 OF Valiyathura Police Station, Thiruvananthapuram
PETITIONER/S: SAJITH KHAN AGED 23 YEARS S/O SAFFARULLA, RESIDING AT TC NO. 45/714, PUTHUVAL PURAYIDOM, NEAR JAWAHAR MOSQUE, BHEEMAPALLI EAST, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN - 695007 BY ADVS. R.N.SANDEEP B.MUHAMMED SHAHEEL KEERTHI VIJAYAN RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 NITHEESH XAVIER AGED 31 YEARS S/O XAVIER ANTONY, RESIDING AT C.KING MANSION, NEAR FATIMA MATHA CHURCH, KOCHUTHOPE, VALLAKKADAVU P.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695008
BY ADVS. PUBLIC PROSECUTOR RAHUL S R SURESHBABU CRL.MC NO. 5354 OF 2023 2 OTHER PRESENT: SRI MP PRASANTH,PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 5354 OF 2023 3 P.V.KUNHIKRISHNAN, J --------------------------------------- Crl.M.C. No. 5354 of 2023 -------------------------------------- Dated this the 31st day of October, 2023

ORDER

This Crl.M.C. is filed to quash the proceedings in Crime No.309/2023 of Valiyathura Police Station, Thiruvananthapuram. It is submitted that the final report is also filed in the above case. The Crl.M.C. is filed to quash the proceedings based on settlement.

2. The Public Prosecutor after getting instructions

submitted that the petitioner has got criminal antecedents and he is involved in one theft case and in another case in which the offence alleged is under Secs.376 IPC and POCSO Act. In such situation, in the light of the dictum laid down by the Apex Court, the Criminal Miscellaneous case cannot be quashed CRL.MC NO. 5354 OF 2023 4 based on settlement. But, there can be a direction to dispose the case as expeditiously as possible. Therefore, this Crl.M.C. is disposed of directing the Jurisdictional Court to dispose the case as expeditiously as possible. Sd/- P.V.KUNHIKRISHNAN JUDGE SKS CRL.MC NO. 5354 OF 2023 5 APPENDIX OF CRL.MC 5354/2023 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIRST INFORMATION

REPORT IN CRIME NO. 309/2023 OF VALIYATHURA POLICE STATION, ON THE FILES OF THE JUDICIAL FIRST-CLASS MAGISTRATE COURT- XI, THIRUVANANTHAPURAM DISTRICT Annexure A2 AN AFFIDAVIT SWORN BY THE SECOND RESPONDENT STATING THE SETTLEMENT OF ALL THE DISPUTES

Same Court & Year Kerala · 2023 Same Parties Sajith Khan vs State of Kerala Same Judge Honourable Mr. Justice P.V.Kunhikrishnan