Allowed

Rajesh v. State of Kerala

Kerala HC18 Mar 2016Crl.MC/1041/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition filed by accused persons challenging their trial. The court noted the matter was amicably settled between the petitioner-accused and the de facto complainant-respondent, who had no further complaints. Consequently, the court quashed all further proceedings in the compound offence.

What did the court decide?

All further proceedings against the petitioners in CC No.2429/2013 of the Judicial First Class Magistrate's Court-I, Kochi, arose from Crime No.730/2012, are quashed.

Rajesh Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2016)

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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 B.KEMAL PASHA

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FRIDAY, THE 18TH DAY OF MARCH 2016/28TH PHALGUNA, 1937

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Crl.MC.No. 1041 of 2016

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CC 2429/2013 OF JUDIDCIAL FIRST CLASS MAGISTRATE COURT-I, KOCHI CRIME NO. 730/2012 OF KANNAMALI POLICE STATION, ERNAKULAM

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PETITIONERS/ACCUSED NOS. 1 & 2:

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1. RAJESH, AGED 34 YEARS, S/O KUNJAPPAN, KARAPPADATHU VEEDU, GANAPATHYKADU, CHELLANAM VILLAGE, ERNAKULAM-682008.

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2. NAVEEN KUMAR, AGED 37 YEARS, S/O GOPALAKRISHNAN, KALATHIL VEEDU, GANAPATHYKADU, CHELLANAM VILLAGE, ERNAKULAM-682008.

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BY ADVS.SRI.ASHIK K.MOHAMMED ALI SMT.SAJNA T.UMMER

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RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KANNAMALY POLICE STATION, KANNAMALY (THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM).

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2. SANTHOSH @ SATHEESAN, AGED 44 YEARS, KUTTAPPAN, THIYYAMPURATHU VEETTIL, EDATHALA KARA, ALUVA VILLAGE, NOW RESIDING AT ARAYIRAPPU VEETIL (RENTED HOUSE), GANAPATHY KADU, CHELLANAM VILLAGE, ERNAKULAM-682008.

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R1 BY PUBLIC PROSECUTOR SMT.MAYA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1041 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE A1: CERTIFIED COPY OF THE CHARGE SHEET IN CC NO.2429 OF 2013 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOCHI.

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ANNEXURE A2: TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT.

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RESPONDENT(S)' ANNEXURES

NIL.

/ TRUE COPY/

P.S. TO JUDGE

B. KEMAL PASHA, J.

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Crl.M.C. No.1041 of 2016

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Dated this the 18^th day of March, 2016

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O R D E R

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~ ~ ~ ~ ~ ~

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Petitioners are the accused in CC No.2429/2013

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of the Judicial First Class Magistrate's Court-I, Kochi, which has arisen from Crime No.730/2012 of Kannamaly Police Station, for the offences punishable under Sections 341, 323, 324 and 326 read with Section 34 IPC.

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It seems that the matter has been amicably

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settled between the petitioners and the de facto complainant, who is the 2^nd respondent herein. The parties are neighbours. The injury which has invited the offence under Section 326 IPC is that one tooth of the injured became broken.

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The 2^nd respondent has filed Annexure-A2 affidavit affirming that the matter has been amicably settled

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Crl.M.C.1041/2016

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: 2 :

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between him and the petitioners and presently, he has no complaints against the petitioners. No criminal antecedents

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have been reported against the petitioners. No purpose would be served in proceeding with the matter further. Matters being so, all further proceedings against the petitioners in CC No.2429/2013 of the Judicial First Class Magistrate's Court-I, Kochi, which has arisen from Crime No.730/2012 of Kannamaly Police Station, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings against the petitioners in CC No.2429/2013 of the Judicial First Class Magistrate's Court-I, Kochi, which has arisen from Crime No.730/2012 of Kannamaly Police Station, are quashed.

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/18/03

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// True Copy //

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PA to Judge

Rajesh v. State of Kerala

Case brief

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Rajesh v. State of Kerala

Case brief

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