Vinod Kumar V K vs State of Kerala

Type Court Judgment Court Kerala Decided Nov 22, 2023

~4 min read

https://sooperkanoon.com/case/1400607

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1400607
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Nov 22, 2023
Case Number: Crl.MC/8861/2023

Parties & Advocates

Appellant / Petitioner

Vinod Kumar V K

Respondent

State of Kerala

Excerpt

.....for admission on 22.11.2023, the court on the same day passed the following: crl.m.c. no.8861 of 2023 3orderpetitioners are accused nos.1 to 4 in crime no.635/2023 of kakkoor police station, kozhikode district, alleging commission of offences under sections 341, 323, 324, 294(b), 354, 354a(1)(i) and 34 of the indian penal code.2. learned counsel appearing for the petitioners wouldsubmit that the entire issues between the petitioners and respondents 3 to 6 have been settled. learned counsel appearing for the petitioners also refers to annexures-b, c, d & e affidavits executed by respondents 3 to 6 to establish that the entire issues between the petitioners and respondents 3 to 6 have been settled and respondents 3 to 6 do not intend to continue with the proceedings against the petitioners.3. the learned senior public prosecutor and thelearned counsel appearing for respondents 3 to 6 would confirm that the entire issues between the petitioners and respondents 3 to 6 have been settled and respondents 3 to 6 do not wish to continue with the prosecution in any manner.4. having heard the learned counsel for thepetitioners, the learned senior public prosecutor and the learned counsel for respondents 3 to 6, i am of the view that crl.m.c. no.8861 of 2023 4 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 thenature of the offences alleged against the petitioners the proceedings can be quashed on the basis of settlement. accordingly, this.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA, 1945 CRL.MC NO. 8861 OF 2023 CRIME NO.0635/2023 OF KAKKUR POLICE STATION, KOZHIKODE PETITIONERS/ACCUSED NOS.1 TO 4: 1 VINOD KUMAR V K AGED 54 YEARS, S/O GOPALAN NAIR, VENGALLATHU KANDI HOUSE, KOLATHUR P O, KOZHIKODE, 2 VISHNU S.S AGED 25 YEARS, S/O SURESH KUMAR, V ENGALLATHU KANDI HOUSE, KOLATHUR P O, KOZHIKODE, 3 ANANDU K P AGED 24 YEARS, S/O SADHANANDHAN, KARUPPARAMMAL HOUSE, PARAPPANPOYIL P O, THAMARASSERY, PIN - 673 573. 4 PRABASH KUMAR V K AGED 56 YEARS, S/O GOPALAN NAIR, VENGALLATHU KANDI HOUSE,KOLATHUR P O, KOZHIKODE,
BY ADVS. K.ANAND BENNY ANTONY PAREL RISHANA T.P. RESPONDENTS/STATE AND DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031. 2 STATION HOUSE OFFICER KAKKOOR POLICE STATION, KOZHIKODE, PIN - 673 613.
3 SAMSHADA A AGED 40 YEARS, W/O MUHAVAD, SADHIQ MANSIL, KOLIYOTTUTHAZHAM HOUSE, KONGANUR P O, ATHOLI, KOZHIKODE, PIN - 673 305. Crl.M.C. NO.8861 OF 2023 2 4 AFNA AGED 30 YEARS, W/O ABDUL NAAFI, SADHIQUE MANSIL, KOLIYOTTUTHAZHAM HOUSE, KONGANUR P O, ATHOLI , KOZHIKODE, PIN - 673 305. 5 SHAHINA K AGED 36 YEARS, W/O SHUKKUR,KOONIYIL HOUSE, KONGANUR P O,ATHOLI, KOZHIKODE, PIN - 673 305. 6 ABDUL NAAFI AGED 35 YEARS, S/O SUBAIR, SADHIQ MANSIL KOLIYOTTUTHAZHAM HOUSE, KONGANUR P O, ATHOLI, KOZHIKODE, PIN - 673 305.

BY ADVS. AMEER SALIM VIPIN NARAYAN (SR PP) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C. NO.8861 OF 2023 3

ORDER

Petitioners are accused Nos.1 to 4 in Crime No.635/2023 of Kakkoor Police Station, Kozhikode District, alleging commission of offences under Sections 341, 323, 324, 294(b), 354, 354A(1)(i) and 34 of the Indian Penal Code.

2. Learned counsel appearing for the petitioners would

submit that the entire issues between the petitioners and respondents 3 to 6 have been settled. Learned counsel appearing for the petitioners also refers to Annexures-B, C, D & E affidavits executed by respondents 3 to 6 to establish that the entire issues between the petitioners and respondents 3 to 6 have been settled and respondents 3 to 6 do not intend to continue with the proceedings against the petitioners.

3. The learned Senior Public Prosecutor and the

learned counsel appearing for respondents 3 to 6 would confirm that the entire issues between the petitioners and respondents 3 to 6 have been settled and respondents 3 to 6 do not wish to continue with the prosecution in any manner.

4. Having heard the learned counsel for the

petitioners, the learned Senior Public Prosecutor and the learned counsel for respondents 3 to 6, I am of the view that Crl.M.C. NO.8861 OF 2023 4 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 Crime No.635/2023 of Kakkoor Police Station, Kozhikode District, will stand quashed as against the petitioners. Sd/- GOPINATH P. JUDGE ats Crl.M.C. NO.8861 OF 2023 5 APPENDIX OF CRL.MC 8861/2023 PETITIONERS’ ANNEXURES Annexure A CERTIFIED COPY OF THE F I R NO. 0635/2023 DATED 10.09.2023 OF KAKKOOR POLICE STATION, KOZHIKODE DISTRICT Annexure B ORIGINAL OF THE AFFIDAVIT FILED BY THE 3RD Annexure C ORIGINAL OF THE AFFIDAVIT FILED BY THE 4TH Annexure D ORIGINAL OF THE AFFIDAVIT FILED BY THE 5TH Annexure E ORIGINAL OF THE AFFIDAVIT FILED BY THE 6TH

Same Court & Year Kerala · 2023 Same Parties Vinod Kumar V K vs State of Kerala Same Judge Honourable Mr. Justice Gopinath P.