Allowed

Gireesh.M v. the State of Kerala

Kerala HC23 Mar 2016Crl.MC/1544/2016

Case brief

AI extract

What is this about?

High Court of Kerala allowed a criminal miscellaneous petition to quash criminal proceedings. The court noted that the matter was amicably settled, the complaint filed an affidavit confirming settlement, and injuries were trivial. No criminal antecedents were reported against the petitioners.

What did the court decide?

Quashed all further proceedings in C.C. No.661/2014 based on the Final Report in Crime No.974/2013 against the petitioners.

Gireesh.M 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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WEDNESDAY, THE 23RD DAY OF MARCH 2016/ 3RD CHAITHRA, 1938

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Crl.MC.No. 1544 of 2016

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CC.661/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, HOSDRUG CRIME NO. 974/2013 OF NILESWAR POLICE STATION , KASARGOD

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PETITIONERS/ACCUSED 1 TO 4:

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1. GIREESH.M, AGED 35 YEARS,

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S/O.AMBUNHI.A.K, RESIDING AT MAKKANAYI HOUSE,

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PURATHEKAI, THAIKADAPPURAM.P.O, KASARAGODD DISTRICT.

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2. GIJESH.A.K, AGED 27 YEARS,

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S/O.RAJU.T, RESIDING AT PURATHEKAI, THAIKADAPPURAM.P.O,

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NILESHWAR, KASARAGOD DISTRICT.

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3. GIREESHAN.A.K, AGED 28 YEARS,

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S/O RAJU.T, RESIDING AT PURATHEKAI, THAIKADAPPURAM.P.O,

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NILESHWAR, KASARAGOD DISTRICT.

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4. VENUGOPALAN.K.V, AGED 45 YEARS,

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S/O.T.P.AMBUNHI, RESIDING AT VAZHAVALAPPIL HOUSE,

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PURATHEKAI, THAIKADAPPURAM.P.O, KASARAGOD DISTRICT.

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BY ADV. SRI.T.MADHU

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RESPONDENTS/STATE :

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1. THE STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, NILESHWAR POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2. ANEESH.T.K,, AGED 30 YEARS,

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S/O.K.V.KUNHAMBU, RESIDING AT PURATHEKAI, THAIKADAPPURAM.P.O, NILESHWAR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT-671314.

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R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R2 BY ADV. SMT.G.SANGEETHA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1544 of 2016

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A1 THE TRUE CERTIFIED COPY OF THE FIR IN CRIME NO.974/2013 OF NILESHWAR POLICE STATION

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ANNEXURE-A2 THE TRUE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.974/2013 OF NILESHWAR POLICE STATION

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ANNEXURE-A3 THE AFFIDAVIT DATED 11-3-2016 SWORN IN BY THE 2ND RESPONDENT.

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RESPONDENT(S)' EXHIBITS

NIL.

/ TRUE COPY /

P.S. TO JUDGE

B. KEMAL PASHA, J.

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................................................................ CRL.M.C. No. 1544 of 2016

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............................................................... Dated this the 23^rd day of March, 2016

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O R D E R

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Petitioners are the accused in C.C. No.661/2014 of the Judicial First Class Magistrate's Court-II, Hosdurg, which has arisen from Crime No.974/2013 of the Nileshwar Police Station, registered for the offences punishable under Sections 448, 341, 323, 324 and 427 of the Indian Penal Code read with Section 34 IPC.

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The matter has been amicably settled between the petitioners and the defacto complainant, who is the second respondent herein. The defacto complainant has filed Annexure A3 affidavit affirming that the matter has been amicably settled between him and the petitioners and he has no complaints against the petitioners. The injuries sustained to the injured are trivial.

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CRL.M.C.No. 1544 of 2016

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-: 2 :-

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No criminal antecedents have been reported against the petitioners. When the matter has been amicably settled, no purpose would be served in proceeding with the matter further, and therefore, all further proceedings in C.C. No.661/2014 of the Judicial First Class Magistrate's Court-II, Hosdurg, as against the petitioners, based on Annexure A2 Final Report in Crime No.974/2013 of the Nileshwar Police Station, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings in C.C. No.661/2014 of the Judicial First Class Magistrate's Court-II, Hosdurg, as against the petitioners, based on Annexure A2 Final Report in Crime No.974/2013 of the Nileshwar Police Station, are hereby quashed.

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Sd/- B. KEMAL PASHA, JUDGE.

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ul/-

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[True copy] P.S. to Judge

Gireesh.M v. the State of Kerala

Case brief

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Gireesh.M v. the State of Kerala

Case brief

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