Dismissed

Jitin Suresh v. State of Kerala

Kerala HC26 Apr 2016Crl.MC/2387/2016

Case brief

AI extract

What is this about?

This order in Crl.MC.No. 2387 of 2016 quashes ongoing criminal proceedings against the petitioner based on a settlement and lack of further complaint from the de facto complainants, dismissing pending applications and cancelling the bail bond.

What did the court decide?

Quashed all further proceedings in Crime No.533/2010 and C.C. No.893/2010; dismissed pending applications; cancelled the bail bond.

Jitin Suresh Vs 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 SMT. JUSTICE P.V.ASHA

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TUESDAY, THE 26TH DAY OF APRIL 2016/6TH VAISAKHA, 1938

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Crl.MC.No. 2387 of 2016 ()

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AGAINST THE ORDER IN CC 893/2010 of JUJDICIAL FIRST CLASS MAGISTRATE COURT-I, KOLLAM CRIME NO. 533/2010 OF EAST-KALLADA POLICE STATION, KOLLAM

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PETITIONER/ACCUSED:

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JITIN SURESH AGED 27 YEARS, S/O.SURESH, CHUMAKKELE VEEDU, THEKKE MURI, EAST-KALLADA VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT.

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BY ADV. SRI.K.V.ANIL KUMAR

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RESPONDENT(S)/COMPLAINANT & DEFACTO COMPLAINANT:

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1. STATE OF KERALA REPRESETNED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.

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2. KATHU, AGED 27 YEARS D/O.SATHEE BHAI, KAKKANATTU VEEDU, THEKKE MURI, EAST- KALLADA VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT - 691 502.

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3. DAYANANDAN, AGED 57 YEARS S/O.KUNJU KUNJU, KAKKANATTU VEEDU, THEKKE MURI, EAST-KALLADA VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT 691 502.

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4. SATHEE BHAI, AGD 53 YEARS, W/O.DAYANANDAN, KAKKANATTU VEEDU, THEKKE MURI, EAST-KALLADA VILLAGE, KUNNATHOOR TALUK, KOLLA DISTRICT 691 502.

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5. KEERTHI, AGED 20 YEARS, D/O.SATHEE BHAI, KAKKANATTU VEEDU, THEKKE MURI, EAST-KALLADA VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT 691 502. R2-5 BY ADV. SRI.P.V.DILEEP R1 BY PUBLIC PROSECUTOR SMT. S. HYMA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-04-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 2387 of 2016 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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----------------------A1 A TRUE COPY OF FINAL REPORT IN CRIME NO.533/2010 OF THE EAST-KALLADA POLICE STATION IN KOLLAM DISTRICT A2 AFFIDAVIT FILED OF THE 2ND RESPONDENT A3 AFFIDAVIT FILED OF THE 3RD RESPONDENT A4 AFFIDAVIT FILED OF THE 4TH RESPONDENT A5 AFFIDAVIT FILED OF THE 5TH RESPONDENT RESPONDENT(S)' EXHIBITS -----------------------

NIL

//TRUE COPY//

P.A. TO JUDGE

JJJ

P.V. ASHA, J.

Crl.M.C. No. 2387 of 2016

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Dated this the 26^th day of April, 2016

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O R D E R

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The petitioner is the accused in Crime No.533/2010 of East-Kallada Police Station for offences punishable under Sections 452, 354, 324, 323 and 506(ii) of Indian Penal Code and the same is pending as C.C. No.893/2010 on the files of Judicial First Class Magistrate Court-I, Kollam. The petitioner now submits that the matter is settled. The de facto complainants, who are respondents 2 to 5, have appeared through counsel, Sri. P.V. Dileep, who submits that they have filed affidavits. Their affidavits, Annexures 2 to 5, are produced, in which it is stated that the matter is settled and they do not have any complaint against the petitioner herein and they are not interested in continuing the case against the petitioner.

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Crl.M.C. No. 2387/2016

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-2-

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I have heard the learned counsel for the

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petitioner and the learned Public Prosecutor also.

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In the circumstance of the case, I find that there is no purpose in proceeding further with Crime No.533/2010 of East-Kallada Police Station, Kollam District. Accordingly, all further proceedings against the petitioner in Crime No.533/2010 of East-Kallada Police Station, Kollam District, and in C.C. No.893/2010 before the Judicial First Class Magistrate Court-1, Kollam, shall stand quashed. All pending applications before the Court in connection with C.C. No.893/2010 before the Judicial First Class Magistrate Court-1, Kollam, will also stand dismissed. Bail bond executed by the petitioner shall stand cancelled.

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The Criminal M.C. is disposed of, accordingly.

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Sd/P.V. ASHA, JUDGE.

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jjj 26.04.2016

Jitin Suresh v. State of Kerala

Case brief

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Jitin Suresh v. State of Kerala

Case brief

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