Vinod vs State of Kerala

VINOD vs State of Kerala

Type Court Judgment Court Kerala Decided Oct 31, 2023

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https://sooperkanoon.com/case/1385545

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Citation: sooperkanoon.com/1385545
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Oct 31, 2023
Case Number: Crl.MC/6949/2023

Parties & Advocates

Appellant / Petitioner

VINOD

Respondent

State of Kerala

Excerpt

.....of vizhinjam police station, thiruvananthapuram district, which is now pending as c.c.no.544 of 2023 on the file of the judicial first class magistrate court-vii (temporary court), neyyattinkara, alleging commission of offences punishable under sections 326, 324, 294(b), 323, 506 and 34 of the indian penal code.2. the learned counsel appearing for the petitionerswould submit that the entire issue between the petitioners and respondent nos.2 to 5 have been settled. it is submitted that the complaint was filed on the basis of some misunderstanding. reference is made in this regard to annexurea2 to a5 notarized affidavits executed by the respondents nos.2 to 5. they are also represented by a counsel.3. heard the learned public prosecutor also.4. the learned public prosecutor and the learnedcounsel appearing for respondent nos.2 to 5 would confirm crl.mc no.6949/2023 4 that all issues between the petitioners and respondent nos.2 to 5 have been settled and they do not wish to continue with the prosecution in any manner.5. having heard the learned counsel for thepetitioners, learned public prosecutor and the learned counsel for respondents 2 to 5, i am of the view that the proceedings against the petitioners can be terminated in exercise of the jurisdiction vested in this court under section 482 of cr.p.c. no public interest will be served by continuing with the proceedings against the petitioners. the nature of the offences does not compel me to hold that the proceedings cannot be quashed on the ground of settlement. keeping 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 narayan and others (2019) 5 scc 688, i am of the view that considering the nature of the offences alleged against the petitioners, the proceedings can be quashed on the basis of settlement. accordingly, this crl.m.c is allowed and all further proceedings in judicial first class magistrate court-vii.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 31ST DAY OF OCTOBER 2023 / 9TH KARTHIKA, 1945 CRL.MC NO. 6949 OF 2023 CRIME NO.1296/2022 OF VIZHINJAM POLICE STATION, THIRUVANANTHAPURAM CC NO.544/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -VII (TEMPORARY COURT), NEYYATTINKARA PETITIONERS/ACCUSED 1 TO 4:

1 VINOD S/O. GOPAKUMAR, ASWATHY BHAVAN, NEAR NEELAKESSI TEMPLE, VIZHINJAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM, PIN - 695524 2 VAISHNAVU S/O. SHANMUGHAN, PLANKALAVILA HOSUE, VENGANNOOR VILLAGE, THIRUVANANTHAPURAM, PIN - 695527 3 KRISHNAKUMAR S/O. SREEKUMARAN NAIR, AS NIVAS, KALLUVETTANKUZHI, NEAR CSI CHURCH, VIZHINKAM VILLAGE, THIRUVANANTHAPURAM, PIN - 695524

4 AJAY CHANDRAN S/O. NAYACHANDRAN NAIR, AARATHI BHAVAN, THOZHICHAL, NEAR KOVALAM POLICE STATION, KOVALAM, VENGANNOOR VILLAGE, THIRUVANANTHAPURAM, PIN - 695527 BY ADV R.GOPAN RESPONDENTS/STATE & DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031 2 SARANYA. V. AGED 36 YEARS D/O. VALSALA, NJARALA VEEDU, CRL.MC NO.6949/2023 2 NEAR THAIVILAKAM SREE NAGARA TEMPLE, 3 AJIN AGED 29 YEARS S/O.SUKUMARAN, NJARALA VEEDU, NEAR THAIVILAKAM SREE NAGARAJA TEMPLE, 4 JIJITH AGED 39 YEARS S/O. GIREESAN, NJARALA VEEDU, NEAR THAIVILAKAM SREE NAGARAJA TEMPLE, ADDL.R5 5 ACHU AGED 30 YEARS, S/O.MOHANAN ACHU NIVAS, PANDARA VILAKATH MELEVEED THAIVILAKAM, VENGANOOR.P.O., THIRUVANANTHAPURAM 695523 IMPLEADED AS PER ORDER DATED 18.10.2023 IN CRL.M.A.NO.1/2023. BY ADVS.SRI. NOUSHAD.K.A., SR.PUBLIC PROSECUTOR SHAJIN S.HAMEED 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.6949/2023 3

ORDER

Dated this the 31st day of October, 2023 The petitioners are accused Nos.1 to 4 in Crime No.1296 of 2022 of Vizhinjam Police Station, Thiruvananthapuram District, which is now pending as C.C.No.544 of 2023 on the file of the Judicial First Class Magistrate Court-VII (Temporary Court), Neyyattinkara, alleging commission of offences punishable under Sections 326, 324, 294(b), 323, 506 and 34 of the Indian Penal Code.

2. The learned counsel appearing for the petitioners

would submit that the entire issue between the petitioners and respondent Nos.2 to 5 have been settled. It is submitted that the complaint was filed on the basis of some misunderstanding. Reference is made in this regard to AnnexureA2 to A5 notarized affidavits executed by the respondents Nos.2 to 5. They are also represented by a counsel.

3. Heard the learned Public Prosecutor also.

4. The learned Public Prosecutor and the learned

counsel appearing for respondent Nos.2 to 5 would confirm CRL.MC NO.6949/2023 4 that all issues between the petitioners and respondent Nos.2 to 5 have been settled and they do not wish to continue with the prosecution in any manner.

5. Having heard the learned counsel for the

petitioners, learned Public Prosecutor and the learned counsel for respondents 2 to 5, I am of the view that the proceedings against the petitioners can be terminated in exercise of the jurisdiction vested in this Court under Section 482 of Cr.P.C. No public interest will be served by continuing with the proceedings against the petitioners. The nature of the offences does not compel me to hold that the proceedings cannot be quashed on the ground of settlement. Keeping 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 Narayan and Others (2019) 5 SCC 688, I am of the view that considering the nature of the offences alleged against the petitioners, the proceedings can be quashed on the basis of settlement. Accordingly, this Crl.M.C is allowed and all further proceedings in Judicial First Class Magistrate Court-VII CRL.MC NO.6949/2023 5 (Temporary Court), Neyyattinkara (Crime No.1296 of 2022 of Vizhinjam Police Station, Thiruvananthapuram District), will stand quashed as against the petitioners. Sd/- GOPINATH P. JUDGE csl CRL.MC NO.6949/2023 6 APPENDIX OF CRL.MC 6949/2023 PETITIONER ANNEXURES Annexure 1 CERTIFIED COPY OF FINAL REPORT IN

CRIME NO.1296/2022 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT VII (TEMPORARY COURT), NEYYATTINKARA IN C.C.NO.544/2023 Annexure A2 AFFIDAVIT SWORN BY THE 2ND RESPONDENT SIGNED BEFORE THE NOTARY PUBLIC DATED 6.8.2023 Annexure A3 AFFIDAVIT SWORN BY THE 3RD RESPONDENT BEFORE THE NOTARY PUBLIC DATED 6.8.2023 Annexure A4 AFFIDAVIT SWORN BY THE 4TH RESPONDENT SIGNED BEFORE THE NOTARY PUBLIC DATED 6.8.2023

Same Court & Year Kerala · 2023 Same Parties VINOD vs State of Kerala Same Judge Honourable Mr. Justice Gopinath P.