Allowed

Kannan v. State of Kerala

Kerala HC1 Feb 2016Crl.MC/353/2016

Case brief

AI extract

What is this about?

This judgment quashed criminal proceedings against the petitioner in a case arising from an offence punishable under Sections 341, 323, and 324 of the IPC. The court held that since the matter was amicably settled by the respondents and the petitioner has no criminal antecedents, further proceedings served no purpose.

What did the court decide?

The Criminal Miscellaneous Case was allowed and all further proceedings in the underlying criminal case (C.C. No. 1000 of 2013) pending before the Judicial First Class Magistrate's Court, Ambalappuzha

Kannan 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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MONDAY, THE 1ST DAY OF FEBRUARY 2016/12TH MAGHA, 1937

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Crl.MC.No. 353 of 2016

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CC 1000/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, AMBALAPUZHA. CRIME NO. 211/2013 OF PUNNAPRA POLICE STATION, ALAPPUZHA DISTRICT.

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PETITIONER/ACCUSED:

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KANNAN, S/O.BABY, AGED 22 YEARS, PUTHENVALAPPIL, WARD NO.9, PUNNAPRA PANCHAYATH, ALAPPUZHA DISTRICT.

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BY ADV. SRI.G.PRIYADARSAN THAMPI

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RESPONDENT(S)/STATE & DEFACTOR COMPLAINANTS:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,

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(REPRESENTING SUB INSPETOR OF POLICE,

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PUNNAPRA POLICE STATION, ALAPPUZHA DIST.)

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2. ANANTHU ASHOKAN @ ANANTHU, S/O.ASHOKAN, AGED 21 YEARS, PUTHENKATTIL HOUSE,

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PUNNAPRA P.O, ALAPPUZHA DISTRICT.

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3. RENJITH, S/O.ROBERT, AGED 26 YEARS,

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C.M.S. COLONY, PUNNAPRA, ALAPPUZHA DISTRICT.

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4. SARATH CHANDRAN, S/O.SASINDRAN, AGED 23 YEARS, RAJESWARI BHAVAN, PUNNAPRA P.O, ALAPPUZHA DISTRICT.

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R1 BY PUBLIC PROSECUTOR SMT.MAYA R2 TO R4 BY ADV. SMT.BHAVANA VELAYUDHAN

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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Crl.MC.No. 353 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURES:

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ANNEXURE A1CERTIFIED COPY OF THE FIR IN CRIEM NO.211/2013 OF PUNNAPRA POLICE STATION, AMBALAPPUZHA. ANNEXURE A2CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 211/2013 OF PUNNAPRA POLICE STATION, AMBALAPPUZHA. ANNEXURE A3AFFIDAVIT SWORN BY THE 2ND RESPONDENT. ANNEXURE A4AFFIDAVIT SWORN BY THE 3RD RESPONDENT. ANNEXURE A5AFFIDAVIT SWORN BY THE 4TH RESPONDENT.

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RESPONDENT(S)' ANNEXURES: NIL

//TRUE COPY//

P.S. TO JUDGE

mbr/

B. KEMAL PASHA, J.

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................................................................ CRL.M.C. No. 353 of 2016

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............................................................... Dated this the 1^st day of February, 2016

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O R D E R

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The petitioner is the sole accused in C.C. No.1000 of 2013 of the Judicial First Class Magistrate's Court, Ambalappuzha, for the offences punishable under Sections 341, 323 and 324 of the Indian Penal Code read with Section 34 IPC. Originally, the case was registered by the Police as Crime No.211/2013 against four named accused in which the petitioner herein was the 3^rd accused. The accused Nos.1, 2 and 4 in the FIR were juveniles and their case was tried and disposed of by the Juvenile Justice Board.

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It seems that the matter has been amicably settled between the petitioner and respondents 2 to 4. They have filed separate affidavits as Annexures A3, A4 and A5, affirming that the matter has been amicably settled between them and the petitioner and they have no complaints against the petitioner.

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CRL.M.C.No. 352 of 2016

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-: 2 :-

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No criminal antecedents have been reported against the petitioner. 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.1000 of 2013 pending before the Judicial First Class Magistrate's Court, Ambalappuzha, as against the petitioner, based on Annexure A2 Final Report in Crime No.211/2013 of the Punnapra Police Station, Ambalappuzha, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.1000 of 2013 pending before the Judicial First Class Magistrate's Court, Ambalappuzha, as against the petitioner, based on Annexure A2 Final Report in Crime No.211/2013 of the Punnapra Police Station, Ambalappuzha, 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

Kannan v. State of Kerala

Case brief

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Kannan v. State of Kerala

Case brief

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