Allowed

Abhilash K v. State of Kerala

Kerala HC20 Jan 2016Crl.MC/62/2016

Case brief

AI extract

What is this about?

This criminal miscellaneous petition sought quashing of criminal proceedings against five accused persons. The court found that the matter had been amicably settled with the complainants and victims, and noted no criminal antecedents for the petitioners.

What did the court decide?

All further proceedings in C.C.No.1520 of 2015 pending before the Judicial First Class Magistrate's Court-I, Hosdurg, as against the petitioners, based on Annexure-A1 Final Report, are quashed.

Abhilash K Vs State of Kerala — Quashing and FIR | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

¶4

WEDNESDAY, THE 20TH DAY OF JANUARY 2016/30TH POUSHA, 1937

¶5

Crl.MC.No. 62 of 2016

¶6

C.C.NO.1520/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDRUG CRIME NO. 349/2015 OF HOSDURG POLICE STATION , KASARAGOD

¶7

PETITIONER(S)/ACCUSED 1 TO 5 :

¶8

1. ABHILASH K, AGED 31 YEARS, S/O.RAJAN, KOVVAL HOUSE, AVIKKARA, HOSDURG VILLAGE, K.M.C XXXXI-165, KASARAGOD DISTRICT.

¶9

2. MANU K., AGED 20 YEARS,

¶10

S/O.MANI, KOVVAL HOUSE, NEAR S.N.P.T., KANHANGAD, HOSDURG VILLAGE, KASARAGOD DISTRICT.

¶11

3. ARUN C.H, AGED 19 YEARS,

¶12

S/O.MANIKANDAN C.H, PRANAVE NILAYAM, ARIKKARA, HOSDURG VILLAGE, KASARAGOD DISTRICT.

¶13

4. NIJITH @ VIJITH K, AGED 20 YEARS,

¶14

S/O.BALAN K., SUDHA NIVAS, ARIKKARA,

¶15

HOSDURG VILLAGE, KASARAGOD DISTRICT.

¶16

5. UNNIKUTTAN M., AGED 23 YEARS,

¶17

S/O.VENU T, KOVVAL HOUSE, NEAR S.N.P.T., KANHANGAD, HOSDURG TALUK, KASARAGOD DISTRICT.

¶18

BY ADVS.SRI.RAHUL SASI

¶19

SMT.NEETHU PREM

¶20

RESPONDENT(S)/COMPLAINANTS :

¶21

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

¶22

2. ANEESH B, AGED 32 YEARS, S/O.BALAN P.V, AVIKKARA HOUSE, AVIKKARA, BALA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT- 676 131.

¶23

3. AJEESH B, AGED 29 YEARS, S/O.BALAN P.V., AVIKKARA HOUSE, AVIKKARA, BALA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT- 676 131.

¶24

..2/-

¶25

..2..

¶26

Crl.MC.No. 62 of 2016

¶27

4. SUJITH A., AGED 31 YEARS, S/O. KUNHIRAMAN, AMARAVATHI HOUSE, KUNNUPARA, RAVANESWARAM, CHITHARI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT- 676 131.

¶28

R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R2 TO R4 BY ADV. SRI.NIRMAL V NAIR

¶29

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶30

Msd.

¶31

Crl.MC.No. 62 of 2016

¶32

APPENDIX

¶33

PETITIONER(S)' ANNEXURES :

¶34

ANNEXURE A1:	A TRUE COPY OF THE FINAL REPORT IN CRIME NO.349 OF 2015 OF HOSDURG POLICE STATION.
ANNEXURE A2:	AFFIDAVIT DATED 17.12.2015 SUBMITTED BY 2ND RESPONDENT.
ANNEXURE A3:	AFFIDAVIT DATED 17.12.2015 SUBMITTED BY 3RD RESPONDENT.
ANNEXURE A4:	AFFIDAVIT DATED 17.12.2015 SUBMITTED BY 4TH RESPONDENT.

¶35

RESPONDENT(S)' ANNEXURES :

NIL

//TRUE COPY//

P.A.TO JUDGE.

Msd.

B. KEMAL PASHA, J.

¶41

====================

¶42

CRL.M.C. No.62 of 2016

¶43

====================

¶44

Dated this the 20^th day of January, 2016

¶45

O R D E R

¶46

Petitioners are accused in C.C.No.1520 of 2015 of the Judicial First Class Magistrate's Court-I, Hosdurg, which has arisen from Crime No.349 of 2015 of the Hosdurg Police Station, registered for the offences punishable under Sections 143, 147, 148, 323, 324 and 341 IPC read with Section 149 IPC.

¶47

The matter has been amicably settled between the petitioners and the defacto complainant, who is the 3^rd respondent herein and the other injured persons, who are respondents 2 and 4. The defacto complainant and the other injured persons have filed Annexure A3, Annexure A2 and Annexure A4 affidavits respectively, affirming that the matter has been amicably settled between them and the petitioners and they have no complaints against the

¶48

CRL.M.C.No.62 of 2016

¶49

-: 2 :-

¶50

petitioners.

¶51

No criminal antecedents have been reported against the petitioners. When the matter has been amicably

¶52

settled, no purpose would be served in proceeding with the matter further, and therefore, all further proceedings in C.C.No.1520 of 2015 pending before the Judicial First Class Magistrate's Court-I, Hosdurg, as against the petitioners, based on Annexure-A1 Final Report in Crime No.349 of 2015 of the Hosdurg Police Station, can be quashed.

¶53

In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.1520 of 2015 pending before the Judicial First Class Magistrate's Court-I, Hosdurg, as against the petitioners, based on Annexure-A1 Final Report in Crime No.349 of 2015 of the Hosdurg Police Station, are hereby quashed.

¶54

Sd/-

¶55

B. KEMAL PASHA, JUDGE. DSV/22/1/16 // True Copy // P.A. To Judge

Abhilash K v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abhilash K v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shekkeermuhammed Ashraf Vs State of Kerala

Nizamudeen Vs State of Kerala

Shafeer Vs State of Kerala

Ratheesh M Vs State

Syamalan Pillai Vs State of Kerala

Sudheer Vs State of Kerala