Kerala High Court
Ambadi vs State Of Kerala on 3 July, 2020
Author: V Shircy
Bench: V Shircy
Crl.M.C.2811/2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
FRIDAY, THE 03RD DAY OF JULY 2020 / 12TH ASHADHA, 1942
Crl.MC.No.2811 OF 2020(B)
CRIME NO.1674/2020 OF Kodungallur Police Station , Thrissur
PETITIONERS/ACCUSED:
1 AMBADI, AGED 35 YEARS
S/O.SIVARAMAN, KURUPPATH HOUSE, KARA DESOM,
EDAVILANGU VILLAGE, KODUNGALLUR TALUK, THRISSUR
DISTRICT, PIN-680671.
2 SAMAD, AGED 25 YEARS
S/O.SALIM, OLAVAKKOT HOUSE, KARA DESOM, EDAVILANGU
VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT,
PIN-680671.
3 SUNIL @ SUNILKUMAR, AGED 40 YEARS
ANDI NEDUMPARAMBIL HOUSE, KARA DESOM, EDAVILANGU
VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT,
PIN-680671.
4 VISHNU @ VISHNUPRASAD, AGED 23 YEARS
S/O.GOPALAN, KALLIKKATT HOUSE, KARA DESOM,
EDAVILANGU VILLAGE, KODUNGALLUR TALUK,
THRISSUR DISTRICT, PIN-680671.
5 KANNAN, AGED 40 YEARS
S/O.RAMAN, PERUMPADAPPIL HOUSE, KARA DESOM,
EDAVILANGU VILLAGE, KODUNGALLUR TALUK, THRISSUR
DISTRICT, PIN-680671.
6 ANTONY, AGED 30 YEARS
S/O.SEBASTIAN, MANJALI HOUSE, KARA DESOM,
EDAVILANGU VILLAGE, KODUNGALLUR TALUK,
THRISSUR DISTRICT, PIN-680671.
BY ADV. SRI.T.V.SHAJI
RESPONDENTS/STATE & VICTIMS:
1 STATE OF KERALA
REPRESENTED BY STATION HOUSE OFFICER, KODUNGALLUR
POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM-31.
Crl.M.C.2811/2020
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2 SUJITH P.S., AGED 24 YEARS
S/O.SUBRAMANYAN, PEEDIKAPARAMBIL HOUSE, KARA DESOM,
EDAVILANGU VILLAGE, KODUNGALLUR TALUK, THRISSUR
DISTRICT, PIN-680671.
3 ROHITH, AGED 23 YEARS
S/O.MANIKANDAN, THOTTUPARAMBIL HOUSE, KARA DESOM,
EDAVILANGU VILLAGE, KODUNGALLUR TALUK, THRISSUR
DISTRICT, PIN-680671.
4 ABHIJITH, AGED 26 YEARS
S/O.SREENIVASAN, THEKKOOT HOUSE, KARA DESOM,
EDAVILANGU VILLAGE, KODUNGALLUR TALUK, THRISSUR
DISTRICT, PIN-680671.
5 JIFFIN, AGED 23 YEARS
S/O.JOSY, ELAMTHURUTHI HOUSE, KARA DESOM,
EDAVILANGU VILLAGE, KODUNGALLUR TALUK, THRISSUR
DISTRICT, PIN-680671.
6 SANDEEP @ SANDEEPMON A.S., AGED 22 YEARS
S/O.SUBASH, ANAPUZHA HOUSE, KARA DESOM, EDAVILANGU
VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT,
PIN-680671.
OTHER PRESENT:
PP HRITWIK CS
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.2811/2020
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ORDER
Dated this the 3rd day of July 2020 Petition under Section 482 of the Code of Criminal Procedure.
2. The petitioners are the accused in Crime No. 1674 of 2020 of Kodungallur Police Station registered for the offences punishable under Sections 143, 147, 148, 341 323, 324 read with Section 149 of Indian Penal Code.
3. It is submitted by the learned counsel for the petitioners that the parties have resolved their entire disputes among themselves and as such there is no subsisting dispute between them. Therefore, this petition to quash Annexure A1 FIR and all further proceedings in Crime No. 1674 of 2020 of Kodungallur Police Station.
4. Learned counsel appearing for respondents 2 to 6, the defacto complainant and the injured, has submitted that respondents 2 to 6 have absolutely no grievance or complaints against the petitioners. Annexures A2 to A6 are the affidavits sworn to by them in support of the submission of the petitioners. The affidavits further indicate that they have no intention to pursue the matter against the petitioners.
5. The learned Public Prosecutor has reported that the prosecution has no serious objection in allowing the petition. It is also submitted that as the dispute has been amicably Crl.M.C.2811/2020 4 settled, the possibility of conviction is remote and bleak and therefore, no useful purpose would be served in proceeding with the case against the petitioners.
6. On hearing the submissions of all concerned, and on perusal of the records as well on consideration of the special facts and circumstances involved in this case, I find that no fruitful purpose is likely to be served by proceeding with the matter against these petitioners. Moreover, no public interest is involved in the case and there is no legal impediment in granting the prayer as sought for by the petitioners. Therefore, for the purpose of securing the ends of justice, this Crl.M.C. is only to be allowed.
For the foregoing reasons, this Crl.M.C. is allowed and all further proceedings in Crime No. 1674 of 2020 of Kodungallur Police Station as against the petitioners will stand quashed as prayed for.
Sd/-
SHIRCY V. JUDGE sb Crl.M.C.2811/2020 5 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE CERTIFIED COPY OF FIR IN CRIME NO.1674/2020 OF KODUNGALLUR POLICE STATION. ANNEXURE A2 AFFIDAVIT SIGNED BY THE RESPONDENT NO.2. ANNEXURE A3 AFFIDAVIT SIGNED BY THE RESPONDENT 3 ANNEXURE A4 AFFIDAVIT SIGNED BY THE RESPONDENT 4 ANNEXURE A5 AFFIDAVIT SIGNED BY THE RESPONDENT 5 ANNEXURE A6 AFFIDAVIT SIGNED BY THE RESPONDENT 6