Allowed

Dinu. M v. State of Kerala

Kerala HC31 Mar 2016Crl.MC/1128/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition to quash proceedings against the petitioner, an accused in a pending Local Police Court case, following an affidavit from the aggrieved person confirming an amicable settlement.

What did the court decide?

All further proceedings against the petitioner in LPC No.49/2007 of the Judicial First Class Magistrate's Court, Taliparamba, were quashed.

Dinu. M Vs State of Kerala — Constitutional and Fundamental Rights | 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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THURSDAY, THE 31ST DAY OF MARCH 2016/11TH CHAITHRA, 1938

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Crl.MC.No. 1128 of 2016 ()

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AGAINST THE ORDER/JUDGMENT IN LPC 49/2007 of J.M.F.C.,TALIPARAMBA CRIME NO. 410/2000 OF THALIPARAMBA POLICE STATION , KANNUR

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PETITIONER(S)/ACCUSED NO.3:

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DINU. M, AGED 37 YEARS S/O.DIVAKARAN, MANAKKAL HOUSE, MANJAKKAD, CHERUPUZHA PO, CHERUPUZHA AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT.

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BY ADV. SRI.V.T.MADHAVANUNNI

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RESPONDENT(S)/STATE & AGGRIEVED PERSONS:

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STATE OF KERALA

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REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM THROUGH SHO, TALIPARAMBA POLICE STATION, KANNUR DISTRICT.

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THAYYIL WILSON, AGED 53 YEARS S/O.MATHAI, RAZEENA COTTAGE,

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NEAR TAGORE VIDYA NIKETHAN, MANNA, TALIPARAMBA PO, TALIPARAMBA AMSOM,

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TALIPARAMBA TALUK, KANNUR DISTRICT-670 141.

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R2 BY ADV. SRI.V.A.SATHEESH

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R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1128 of 2016 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A1 : TRUE CERTIFIED COPY OF THE FIRT IN CRIME NO.410/2000 OF TALIPARAMBA POLICE STATION.

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ANNEXURE A2 : TRUE CERTIFIED COPY OF THE JUDGMENT IN CC NO.566/2001 ON THE FILE OF JFCM COURT, TALIPARAMBA

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RESPONDENT(S)' EXHIBITS : NIL

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// True Copy //

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PA to Judge

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B. KEMAL PASHA, J.

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Crl.M.C. No.1128 of 2016

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Dated this the 31^st day of March, 2016

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~ ~ ~ ~ ~ ~

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Petitioner was originally the 3^rd accused in CC No.566/2001 of the Judicial First Class Magistrate's Court, Taliparamba, which has arisen from Crime No.410/2000 of Taliparamba Police Station for the offences punishable under Sections 143, 147, 452, 343, 506(ii) and 427 read with Section 149 IPC. The case against the petitioner is presently pending as LPC No.49/2007. All the other accused were acquitted through Annexure-A2 judgment.

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It seems that the matter has been amicably settled between the petitioner and the de facto complainant, who is the 2^nd respondent herein.

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The 2^nd respondent has filed an affidavit affirming

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that the matter has been amicably settled between him and

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the petitioner and presently, he has no complaints against

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Crl.M.C.1128/2016

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: 2 :

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the petitioner. No criminal antecedents have been reported against the petitioner. No purpose would be served in proceeding with the matter further. Matters being so, all further proceedings against the petitioner in LPC No.49/2007 of the Judicial First Class Magistrate's Court, Taliparamba, which has arisen from Crime No.410/2000 of Taliparamba Police Station, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings against the petitioner in LPC No.49/2007 of the Judicial First Class Magistrate's Court, Taliparamba, which has arisen from Crime No.410/2000 of Taliparamba Police Station, are quashed.

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/31/03

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// True Copy //

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PA to Judge

Dinu. M v. State of Kerala

Case brief

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Dinu. M v. State of Kerala

Case brief

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