Dismissed

Praveen v. the State of Kerala

Kerala HC21 Mar 2016Crl.MC/1468/2016

Case brief

AI extract

What is this about?

The High Court dismissed a criminal miscellaneous petition filed by the 4th accused seeking quashing of proceedings on the ground of a partial settlement. The court held that partial settlement cannot justify premature termination of prosecution against other accused and dismissed the petition with liberty to apply again upon a full settlement.

What did the court decide?

The petition was dismissed with liberty to move this Court again in case of a settlement between the de facto complainant and all the accused in the case.

Praveen Vs the State of Kerala — Quashing and FIR | 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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MONDAY, THE 21ST DAY OF MARCH 2016/1ST CHAITHRA, 1938

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Crl.MC.No. 1468 of 2016 ()

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AGAINST THE ORDER/JUDGMENT IN CC 3964/2013 of J.M.F.C. - I, CHALAKUDY CRIME NO. 907/2013 OF MALA POLICE STATION , TRISSUR

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PETITIONER(S)/4TH ACCUSED:

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PRAVEEN, AGED 27 YEARS S/O.PRAKASAN, VALLUPARAMBIL HOUSE, KUNNATHUR DESOM, VADAKKUMKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.

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BY ADVS. SRI.G.SREEKUMAR (CHELUR) SRI.N.L.BITTO

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RESPONDENT(S)/STATE OF KERALA AND THE COMPLAINANT:

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THE STATE OF KERALA REP. BY THE SUB INSPECTOR OF POLICE, MALA POLICE STATION, THRISSUR THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

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SURESH, AGED 30 YEARS S/O.SUBRAN, MATHILAKATH HOUSE, SANTHI NAGAR DESOM, PUTHENCHIRA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 680001.

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R2 BY ADV. SRI.N.U.HARIKRISHNA

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R BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1468 of 2016 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE-I: A TRUE CERTIFIED COPY OF THE F.I.R IN CRIME NO.907 OF 2013 OF THE MALA POLICE STATION DATED 28.6.2013

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ANNEXURE-II: A TRUE CERTIFIED COPY OF CHARGE SHEET FILED BY MALA POLICE IN CC 3964 OF 2013 DATED 28.6.2013

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ANNEXURE-III: A TRUE COPY OF THE AFFIDAVIT OF THE SECOND RESPONDENT DATED 27.1.2016

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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.1468 of 2016

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Dated this the 21^st day of March, 2016

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O R D E R

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~ ~ ~ ~ ~ ~

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The 4^th accused in CC No.3964/2013 of the

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Judicial First Class Magistrate's Court, Chalakudy alone has approached this Court to get the proceedings against him in the case quashed, on the basis of a settlement arrived at between him and the de facto complainant. A partial settlement in the matter cannot be accepted and endorsed by this Court in order to give a premature termination of the prosecution proceedings. The case against all the other accused has not been settled. Matters being so, this Crl.M.C. cannot be entertained and the same is only to be

Crl.M.C.1468/2016

: 2 :

dismissed.

This Crl.M.C. is dismissed with liberty to the petitioner

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to move this Court again in case of a settlement between

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the de facto complainant and all the accused in the case.

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/21/03

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// True Copy //

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PA to Judge

Praveen v. the State of Kerala

Case brief

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Praveen v. the State of Kerala

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