Allowed

Abin K.P v. Harikrishnan

Kerala HC14 Oct 2016Crl.MC/5244/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition to quash proceedings in a criminal case involving offences under Sections 323, 324, 427, and 506 IPC. The court quashed the proceedings due to an amicable settlement and trivial nature of the injuries.

What did the court decide?

All further proceedings in C.C. No. 1572/2012 of the Judicial First Class Magistrate's Court-I, Pathanamthitta, as against the petitioners, are hereby quashed.

Abin K.P Vs Harikrishnan — 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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FRIDAY, THE 14TH DAY OF OCTOBER 2016/22ND ASWINA, 1938

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Crl.MC.No. 5244 of 2016

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CC 1572/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PATHANAMTHITTA

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CRIME NO. 891/2012 OF PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA

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PETITIONER(S)/ACCUSED 1 & 2:

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1. ABIN K.P.,

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AGED 26 YEARS, S/O PONNACHAN, VELOORMURUPPEL HOUSE, THAZHEVETTIPURAM, PATHANAMTHITTA VILLAGE, PATHANAMTHITTA DISTRICT.

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2. JOHNSON V.R., AGED 29 YEARS, S/O RAJU GEORGE, VELLOOR VADAKKETHIL HOUSE, THAZHE VETTIPPURAM, PATHANAMTHITTA.

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BY ADV. SRI.M.T.SURESHKUMAR

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RESPONDENT(S)/DEFACTO COMPLAINANT, INJURED AND STATE:

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1. HARIKRISHNAN, AGED 23 YEARS, S/O OMANAKUTTAN NAIR, VEKKALPPADIYIL PURATHOOTTU HOUSE, KADMMANITTA, NARANGANAM VILLAGE, PATHANAMTHITTA DISTRICT-689649.

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2. STATE OF KERALA,

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REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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R1 BY ADV. SRI.S.R.SREEJITH R2 BY PUBLIC PROSECUTOR SRI.C.S.HRITWIK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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msv/

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Crl.MC.No. 5244 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURES:

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ANNEXURE A1: TRUE COPY OF THE FIR DATED 1.8.2012 IN CRIME NO.891/2012 OF PATHANAMTHITTA POLICE STATION.

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ANNEXURE A2; TRUE COPY OF THE FINAL REPORT DATED 16.9.2012 IN CRIME NO.891 OF 2012 OF PATHANAMTHITTA POLICE STATION.

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RESPONDENT(S)' ANNEXURE:

NIL

//TRUE COPY//

P.S.TO JUDGE

Msv/

B. KEMAL PASHA, J.

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................................................................ CRL.M.C. No. 5244 of 2016

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............................................................... Dated this the 14^th day of October, 2016

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O R D E R

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Petitioners are accused Nos.1 and 2 in C.C. No.1572/2012 of the Judicial First Class Magistrate's CourtI, Pathanamthitta, which has arisen from Crime No.891/2012 of the Pathanamthitta Police Station, registered for the offences punishable under Sections 323, 324, 427 and 506(ii) 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 first respondent herein. The defacto complainant has filed an affidavit affirming that the matter has been amicably settled between him and the petitioners and he has no complaints against the petitioners.

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CRL.M.C.No. 5244 of 2016

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-: 2 :-

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The injuries sustained to the defacto complainant are trivial. 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.1572/2012 of the Judicial First Class Magistrate's CourtI, Pathanamthitta, as against the petitioners, based on Annexure A2 Final Report in Crime No.891/2012 of the Pathanamthitta 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.1572/2012 of the Judicial First Class Magistrate's Court-I, Pathanamthitta, as against the petitioners, based on Annexure A2 Final Report in Crime No.891/2012 of the Pathanamthitta 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 //

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P.S. to Judge.

Abin K.P v. Harikrishnan

Case brief

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Abin K.P v. Harikrishnan

Case brief

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