Allowed

Girish Kumar v. State of Kerala

Kerala HC4 Feb 2016Crl.MC/469/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an application to quash criminal proceedings where the accused had amicably settled the dispute with the complainants, injuries were trivial, and no criminal antecedents were reported, rendering further proceedings unnecessary.

What did the court decide?

All further proceedings in C.C. No.88/2013 against the petitioners based on the Final Report in Crime No.550/2012 are quashed.

Girish Kumar 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 MR. JUSTICE B.KEMAL PASHA

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THURSDAY, THE 4TH DAY OF FEBRUARY 2016/15TH MAGHA, 1937

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Crl.MC.No. 469 of 2016 ()

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-------------------------CC 88/2013 of JUDICIAL FIRST CLASS MAGISTATE COURT-I, MAVELIKKARA

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PETITIONERS/ACCUSED 1 TO 3 & 5 :

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--------------------------------------------------

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1. GIRISH KUMAR, AGED 29 YEARS,

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S/O.REGHUNATHAN PILLAI, RESIDING AT GIRISH BHAVAN,

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PALLARIMANGALAM MURI, MAVELIKARA TALUK, THEKKEKARA P.O.,

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ALAPPUZHA DISTRICT, KERALA

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2. PRAVEEN, AGED 33 YEARS, S/O.MURALIDHARAN, MANIMANGALAM HOUSE, VAGIKULAMMURI THEKKEKARA P.O, ALAPPUZHA DISTRICT, KERALA.

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3. ANILKUMAR, AGED 42 YEARS,

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S/O. NARAYANAN, CHENKOOR HOUSE, POMEZHAMURI,

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THEKKEKARA P.O, MAVALIKKARA TALUK,

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ALAPPUZHA DISTRICT, KERALA

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4. ADV.SREENATH, S/O.RAMDAS, RESIDING AT KOTTACKAKATHU, KIZHAKKETHIL, PALLARIMANGALAM MURI, THEKKEKARA VILLAGE,

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MAVELIKARA TALUK, ALAPPUZHA DISTRICT, KERALA.

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BY ADV. SRI.P.THOMAS GEEVERGHESE

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RESPONDENTS/DE FACTOR COMPLAINANT/CO INJURED :

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----------------------------------------------------------------------------------

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

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2. THE SUB INSPECTOR FO POLICE MAVELIKARA POLICE STATION, ALAPPUZHA.

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3. SREE KUMAR, AGED 28 YEARS, S/O.UNNIKRISHNAN NAIR, AT GAURI NANDANAM, LAHASSERY MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, ALAPPUZH DISTRICT, KERALA STATE.

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Crl.MC.No. 469 of 2016 ()

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4. GOPAN S/O.BHJASKARAN, RESIDING AT KOCHHAYYATHU VEEDU EDASSERY MURI, ARANMULA VILLAGE, KOZHENCHERY TALUK PATHANAMTHITTA DISTRICT, KERALA STATE.

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R1 & R2 BY PUBLIC PROSECUTOR SMT. P. MAYA BY ADV. SRI.TONY THOMAS (INCHIPARAMBIL)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 469 of 2016 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A1:TRUE COPY OF THE F.I.R DATED 12.11.2012 IN CC NO.88/2013 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MAVELIKARA IN CRIME NO.550/12 OF KURATHIKADY POLICE STATION, ALAPPUZHA.

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ANNEXURE AII:TRUE COPY OF THE FINAL REPORT DATED 25.12.2102 IN CC NO.88/13 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MAVELIKARA IN CRIME NO.550/12 OF KURATHIKADY POLICE STATION, ALAPPUZHA. ANNEXURE III:TRUE COPY OF THE AFFIDAVIT FILED BY THE 3RD RESPONDENT/DE FACTOR COMPLAINANT.

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ANNEXURE IV:TRUE COPY OF THE AFFIDAVIT FILED BY THE 4TH RESPONDENT/DE- FACTOR COMPLAINANT

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RESPONDENT(S)' EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDTE

B. KEMAL PASHA, J.

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................................................................ CRL.M.C. No. 469 of 2016

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............................................................... Dated this the 4^th day of February, 2016

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O R D E R

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Petitioners are accused Nos.1 to 3 and 5 in C.C. No.88/2013 of the Judicial First Class Magistrate's Court, Mavelikara, which has arisen from Crime No.550/2012 of the Kurathikode Police Station, Alappuzha registered for the offences punishable under Sections 447, 294(b), 323 and 324 read with Section 34 of the Indian Penal Code.

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The matter has been amicably settled between the petitioners and the defacto complainant and the other injured, who are respondents 3 and 4 respectively. They have filed separate affidavits as Annexures III and IV affirming that the matter has been amicably settled between them and the petitioners and they have no complaints against the petitioners. The injuries sustained to the injured

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CRL.M.C.No. 469 of 2016

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-: 2 :-

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persons are trivial.

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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.88/2013 of the Judicial First Class Magistrate's Court, Mavelikkara, as against the petitioners, based on Annexure AII Final Report in Crime No.550/2012 of the Kurathikode 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.88/2013 of the Judicial First Class Magistrate's Court, Mavelikkara, as against the petitioners, based on Annexure AII Final Report in Crime No.550/2012 of the Kurathikode 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

Girish Kumar v. State of Kerala

Case brief

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Girish Kumar v. State of Kerala

Case brief

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