Dismissed

Kamalasanan v. State of Kerala

Kerala HC15 Feb 2010Crl.MC/55/2010

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a petition under Section 482 CrPC seeking to quash criminal proceedings. The court held that the petitioner failed to implead all injured parties and failed to establish a settlement despite objections from one injured.

What did the court decide?

Petition to quash proceedings was dismissed; petitioner at liberty to approach court if settlement is established with all injured.

Kamalasanan Vs State of Kerala — Quashing and FIR | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR

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MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931

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Crl.MC.No. 55 of 2010()

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-------------------------------SC.318/2008 & SC.332/2008 of ASSISTANT SESSIONS COURT, ALAPPUZHA ....................

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PETITIONERS/ACCUSED

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-----------------------------------

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1. KAMALASANAN, S/O. KAMALADHANAN, KAMALALAYAM, KANICHANALLUR MURI, CHEPPAD VILLAGE.

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2. SREEMON, S/O. SREENIVASAN, CHELAPPALLIL HOUSE, KANICHANALLUR MURI, CHEPPAD VILLAGE.

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3. SREENIVASAN, S/O. SREENIVASAN, CHELAPPALLIL HOUSE, KANICHANALLUR MURI, CHEPPAD VILLAGE.

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4. SATHI, D/O. GOMATHY, KAMALALAYAM, KANICHANALLUR MURI, CHEPPAD VILLAGE.

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5. REMA, D/O. GOMATHY, KAMALALAYAM, KANICHANALLUR MURI, CHEPPAD VILLAGE.

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BY ADV. MR.S.SANAL KUMAR, SMT.BHAVANA VELAYUDHAN.

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RESPONDENTS/COMPLAINANT/STATE

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--------------------------------------------------------

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1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2. JAYACHANDRAN, S/O. RAVINDRAN, MANEESH BHAVAN, KANICHANALLUR MURI, CHEPPAD VILLAGE.

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R1 BY PUBLIC PROSECUTOR MR.S.U. NAZAR.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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M.SASIDHARAN NAMBIAR,J.

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===========================

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CRL.M.C.No.55 OF 2010

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===========================

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Dated this the 15^th day of February,2010

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ORDER

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This petition is filed under section 482 of

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the Code of Criminal Procedure to quash the proceedings in S.C.318/2008 and 332/2008 on the

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file of Assistant Sessions Court, Alappuzha contending that the dispute arose on administration of a family trust and the parties have amicably settled the dispute and the de facto complainant, injured expressed their willingness to file an affidavit before this court to substantiate the case.

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When the case came up for admission on 20.1.2010 learned Public Prosecutor pointed out that out of the three injured, only one injured was made a party and that injured did not agree

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for settlement. Petitioner did not take steps to implead the other injured or to establish

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Crl.M.C.55/2010 2

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that there was a settlement. In such circumstances, petition is dismissed. Petitioners are at liberty to approach this court along with the injured de facto complainant, if there was a settlement of the disputes.

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M.SASIDHARAN NAMBIAR JUDGE

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tpl/-

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M.SASIDHARAN NAMBIAR, J.

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W.P.(C).NO. /06

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--------------------JUDGMENT

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SEPTEMBER,2006

Kamalasanan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Kamalasanan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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