Karthi vs the State of Kerala

Karthi vs The State of Kerala

Type Court Judgment Court Kerala Decided Jan 11, 2021

~3 min read

https://sooperkanoon.com/case/1621421

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/1621421
Court: Kerala High Court
Judge: Honourable Mr.Justice V.G.Arun
Decided On: Jan 11, 2021
Case Number: Crl.MC/2146/2020

Parties & Advocates

Appellant / Petitioner

Karthi

Respondent

The State of Kerala

Excerpt

.....on 11.01.2021, the court on the same day passed the following: -3-orderdated this the 11th day of january, 2021 petitioners are the accused in crime no. 213 of 2020 registered at the punaloor police station for offences punishable under sections 143, 147, 294 (b), 341, 323 and 149 of ipc. the de facto complainant, at whose instance the crime was registered, is arrayed as the third respondent. annexure a2 affidavit has been filed by the third respondent stating that the dispute which led to registration of the crime, has been settled amicably and he has no subsisting grievance in the matter.2. heard the learned public prosecutor also, who, on instructions, submits that the petitioners have no criminal antecedents.3. having considered the gravity of the-4- offences alleged, nature of the injury caused and having perused the affidavit filed by the third respondent, the contents of which are submitted to be true and voluntary, i am satisfied that the dispute is settled and that no public interest is involved in this matter. moreover, in view of the settlement, possibility of the criminal proceedings ending in convictionis remote. as such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the honourable supreme court in madan mohan abbot v. state of punjab [(2008) 4 scc 582] and gian singh v. state of punjab and another [(2012) 10 scc 303], there is no impediment in granting the relief sought.in the result, this crl.m.c is allowed. annexure ai fir and all proceedings in crime -5- no.213 of 2020 registered at the punaloor police station is quashed. sd/- v.g.arun judge scl/11.01.2021 -6- appendix petitioner's/s exhibits: annexure a1 the true copy of the fir in crime no.213/2020 of police station of punalur, kollam district. annexure a2 the original of the affidavit dated 20.02.2020 sworn by the 3rd respondent/defacto complainant.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942 Crl.MC.No.2146 OF 2020(G) CRIME NO.213/2020 OF Punalur Police Station, Kollam PETITIONER/S:
1 KARTHI AGED 22 YEARS S/O.RAJU.T., KARTHIK BHAVAN, PAKIDIYIL, CHEMMANTHOOR, PUNALUR P.O., AND VILLAGE, KOLLAM DISTRICT-691 305. 2 THANZEER, AGED 21 YEARS S/O.MEHABOOB, THANZEER MANZIL, PAKIDIYIL, CHEMMANTHOOR, PUNALUR P.O., AND VILLAGE, KOLLAM DISTRICT-691 305. 3 SARATH, S/O.RAJESH.V., SARADHAS, MANALIL, MANALIPACHA P.O., PUNALUR VILLAGE, KOLLAM DISTRICT-691 312. 4 JISHNU.R., AGED 20 YEARS S/O.RAVEENDRAN.K., MARAMCODE CHARUVILA VEEDU, VALACKODE P.O., PUNALUR VILLAGE, KOLLAM DISTRICT-691 331. 5 AAKHIL SALIM, S/O.SALIM, ASHIK MANZIL, KUTHIRACHIRA, PUNALUR P.O., PUNALUR VILLAGE, KOLLAM DISTRICT-691 305. 6 LIJOY OOMMEN, S/O.OOMMEN K.VARGHESE, KOZHIDASSERIL HOUSE, KARAVALOOR P.O., PUNALUR VILLAGE, KOLLAM DISTRICT-691 333. -2-
BY ADVS. SRI.MANU RAMACHANDRAN SRI.M.KIRANLAL SRI.T.S.SARATH SRI.R.RAJESH (VARKALA) SHRI.SAMEER M NAIR RESPONDENT/S: 1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2 THE SUB INSPECTOR OF POLICE, POLICE STATION OF PUNALUR, KOLLAM DISTRICT-691 305. 3 AKSHAY ANIL, AGED 20 YEARS S/O.ANILOKUMAR, S.N.NIVAS, KAVALPURAM, KUNNICODE P.O., VILAKUDY VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT-691 508. R3 BY ADV. ANSU VARGHESE OTHER PRESENT: PP T.R.RENJITH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -3-

ORDER

Dated this the 11th day of January, 2021 Petitioners are the accused in Crime No. 213 of 2020 registered at the Punaloor Police Station for offences punishable under Sections 143, 147, 294 (b), 341, 323 and 149 of IPC. The de facto complainant, at whose instance the crime was registered, is arrayed as the third respondent. Annexure A2 affidavit has been filed by the third respondent stating that the dispute which led to registration of the crime, has been settled amicably and he has no subsisting grievance in the matter.

2. Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioners have no criminal antecedents.

3. Having considered the gravity of the

-4- offences alleged, nature of the injury caused and having perused the affidavit filed by the third respondent, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and that no public interest is involved in this matter. Moreover, in view of the settlement, possibility of the criminal proceedings ending in conviction

is remote. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] and Gian Singh v. State of Punjab and another [(2012) 10 SCC 303], there is no impediment in granting the relief sought.

In the result, this Crl.M.C is allowed. Annexure AI FIR and all proceedings in Crime -5- No.213 of 2020 registered at the Punaloor Police Station is quashed. Sd/- V.G.ARUN JUDGE Scl/11.01.2021 -6- APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A1 THE TRUE COPY OF THE FIR IN CRIME NO.213/2020 OF POLICE STATION OF PUNALUR, KOLLAM DISTRICT. ANNEXURE A2 THE ORIGINAL OF THE AFFIDAVIT DATED 20.02.2020 SWORN BY THE 3RD RESPONDENT/DEFACTO COMPLAINANT.

Same Court & Year Kerala · 2021 Same Parties Karthi vs The State of Kerala Same Judge Honourable Mr.Justice V.G.Arun