Allowed

Sanal Kumar v. State of Kerala

Kerala HC4 Feb 2016Crl.MC/478/2016

Case brief

AI extract

What is this about?

In this criminal misc. case, the High Court quashed the criminal proceedings initiated under the Indian Penal Code after finding that the matter had been amicably settled between the petitioners and the injured persons, who affirmed having no further complaints.

What did the court decide?

All further proceedings in C.C. No.100/2013 against the petitioners based on the Final Report were quashed.

Sanal 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. 478 of 2016 ()

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CC 100/2013 of JUDICIAL FIRST CLASS MAGISTARATE COURT- I, MAVELIKKARA

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PETITIONERS/ACCUSED 1 TO 3 :

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1. SANAL KUMAR, AGED 35 YEARS,

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S/O.BHASKARAN, RESIDING AT SREEBHAVAN VEED,

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CHERUKAL MURI, CHENNITHALA P.O.,

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ALAPPUZHA DISTRICT, KERALA

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2. SREEKUMAR, AGED 43 YEARS, S/O. UNNIKRISHNAN NAIR, RESIDING AT GAURI NANDANAM,

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LAHASSERY MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT, KERALA STATE

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3. GOPAN, AGED 38 YEARS,

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S/O. BHASKARAN RESIDING AT KOCHHAYYATHU VEEDU,

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EDASSERY MURI, ARANMULA VILLAGE, KOZHENCHERY THALUK, PATHANATHITTA DISTRICT, KERALA STATE

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BY ADV. SRI.TONY THOMAS (INCHIPARAMBIL)

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RESPONDENTS/DEFACTO COMPLAINANT/CO INJURED :

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

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

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

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3. GIRISH KUMAR,

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S/O.REGHUNATHAN PILLAI, RESIDING ATGIRSH BHAVAN PALLARIMANGALAM MURI, MAVELIKARA THALUK THEKKEKARA PO., ALAPPUZHA DISTRICT, KERALA.

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4. ADV. SREENATH, AGED 31 YEARS, S/O. RAMDAS, RESIDING AT KOTTACKAKATHU KIZHAKKETHIL, PALLARIMANGALAM MURI, THEKKEKKARA VILLAGE, MAVELIKARA THALUK, ALAPPUZHA DISTRICT, KERALA.

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R1 & R2 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE R3 TO R4 BY ADV. SRI.P.THOMAS GEEVERGHESE

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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. 478 of 2016 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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A1: TRUE COPY OF THE F.I.R DATED 16/11/2012 IN CC NO.100/2013 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MAVELIKARA IN CRIME NO.1410/2012 OF MAVELIKARA POLICE STATION, ALAPPUZHA.

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AII: TRUE COPY OF THE FINAL REPORT DATED 30/11/2012 IN C.C NO.100/2013 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MAVELIKARA IN CRIME NO.1410/2012 OF MAVELIKARA POLICE STATION, ALAPPUZHA.

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AIII: TRUE COPY OF THE AFFIDAVIT FILED BY THE 3RD RESPONDENT/DEFACTO COMPLAINANT.

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AIV: TRUE COPY OF THE AFFIDAVIT FILED BY THE 4TH RESPONDENT/DEFACTO COMPLAINANT

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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. 478 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 in C.C. No.100/2013 of the Judicial First Class Magistrate's Court-I, Mavelikara, which has arisen from Crime No.1410/2012 of the Mavelikara Police Station, registered for the offences punishable under Sections 341, 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 AIII and AIV 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. 478 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.100/2013 of the Judicial First Class Magistrate's Court-I, Mavelikkara, as against the petitioners, based on Annexure AII Final Report in Crime No.1410/2012 of the Mavelikkara 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.100/2013 of the Judicial First Class Magistrate's Court-I, Mavelikkara, as against the petitioners, based on Annexure AII Final Report in Crime No.1410/2012 of the Mavelikkara 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

Sanal Kumar v. State of Kerala

Case brief

What is this about?

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Sanal Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

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