Allowed

Suku, S/O.Appu v. the State of Kerala

Kerala HC23 Jan 2014Crl.MC/839/2014

Case brief

AI extract

What is this about?

Petitioner, Accused No. 9 in a criminal case, filed a criminal miscellaneous petition seeking quashing of further proceedings. The court allowed the plea based on the amicable settlement of the dispute between parties, holding continuance of prosecution an avoidable irritant.

What did the court decide?

The Criminal Miscellaneous Case was disposed of by quashing all further proceedings against the petitioner in C.C No. 457/1991 (refiled as LP No. 62/1992).

Suku, S/O.Appu Vs the State of Kerala — Quashing and FIR | Kerala HC (2014)

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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 HARUN-UL-RASHID

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THURSDAY, THE 23RD DAY OF JANUARY 2014/3RD MAGHA, 1935

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Crl.MC.No. 839 of 2014 ()

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-------------------------AGAINST THE ORDER/JUDGMENT IN CC 457/1991 of J.M.F.C.-II,ATTINGAL

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CRIME NO. 89/1989 OF CHIRAYINKEEZHU POLICE STATION , THIRUVANANDAPURAM

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PETITIONER(S)/A9:

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SUKU, S/O.APPU, KUNNUVILA VEEDU, AZHOOR DEOSM, AZHOOR VILLAGE, THIRUVANANTHAPURAM.

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BY ADV. SRI.M.R.SARIN

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RESPONDENTS/STATE/COMPLAINANT:

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1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031.

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2. RAJU,

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S/O BHARAGHAVAN, VAYATHATTIL VEETTIL, AZHOOR DESOM, AZHOOR VILLAGE, THIRUVANANTHAPURAM 695008.

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R1 BY PUBLIC PROSECUTOR SMT S HYMA R2 BY ADV. SRI.AJAYA KUMAR. G

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-01-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 839 of 2014 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A1 CERTIFIED COPY OF THE FIR NO 89/1989 OF CHIRAYINKIL POLICE STATION. ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CC NO 17/1990 NOW REFILLED AS CC NO457/1991 PENDING BEFORE JFCM COURT II, ATTINGAL. ANNEXURE A3 CERTIFIED COPY OF THE JUDGMENT IN CC NO 17/1990 PENDING BEFORE JFCM COURT II ATTINGAL. ANNEXURE A4 STATEMENT SIGNED BY THE 2ND RESPONDENT RESPONDENT(S)' EXHIBITS: NIL

/TRUE COPY/

P.A TO JUDGE

LSN

HARUN-UL-RASHID, J.

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Crl. M.C No.839 of 2014

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Dated this the 23^rd day of January, 2014.

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O R D E R

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Heard the learned counsel for the petitioner and respondents.

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Accused No. 9 in Crime No. 89/1989 of Chirayinkil Police Station pending as C.C No. 457/1991 now refiled as LP No.62/1992 on the file of the Judicial First Class Magistrate Court-II, Attingal is the petitioner. The petition is filed seeking to quash all further proceedings as against the petitioner in C.C No. 457/1991 now refiled as LP No.62/1992.

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The offences alleged are punishable under Sections 143, 147, 341, 323 of IPC and r/w Sec.149 of IPC.

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The learned counsel on both sides submit that the disputes between the parties have been amicably settled and having regard to the resolution of the disputes between the parties, continuance of the criminal prosecution against the petitioner is an avoidable irritant.

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In view of the settlement arrived at between the parties, the Crl.M.C is disposed of quashing all further proceedings as against the petitioner in C.C No. 457/1991 now refiled as LP No.62/1992 on the file of the Judicial First Class Magistrate Court-II, Attingal.

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HARUN-UL-RASHID, JUDGE.

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lsn

Suku, S/O.Appu v. the State of Kerala

Case brief

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Suku, S/O.Appu v. the State of Kerala

Case brief

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