Allowed

Prabhasony v. State of Kerala

Kerala HC16 Nov 2016Crl.MC/6475/2016

Case brief

AI extract

What is this about?

The Court allowed a petition to quash pending criminal proceedings for theft under IPC sections 457, 461, and 380. Since the petitioner, who recovered the stolen items, sought quashing, the Court held no purpose would be served in continuing the investigation and invoked inherent powers under Section 482 CrPC to quash the proceedings.

What did the court decide?

Quashing of the FIR in Crime No.490/2016 and all further proceedings therein under IPC sections 457, 461, and 380.

Prabhasony 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 RAJA VIJAYARAGHAVAN V

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WEDNESDAY, THE 16TH DAY OF NOVEMBER 2016/25TH KARTHIKA, 1938

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Crl.MC.No. 6475 of 2016 ()

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CRIME NO. 490/2016 OF CHIRAYINKIL POLICE STATION , THIRUVANANTHAPURAM

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PETITIONER/DEFACTO COMPLAINANT

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PRABHASONY AGED 34 YEARS, D/O.THANKAMONY, SBR BHAVAN, PERINGUZHI P.O., CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT.

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BY ADV. SRI.P.ANOOP (MULAVANA)

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RESPONDENT/STATE

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

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BY PUBLIC PROSECUTOR SRI.T.R.RENJITH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 6475 of 2016 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES ----------------------ANNEXURE-A1. TRUE COPY OF THE FIR IN CRIME NO.490/2016 OF CHIRAYINKIL POLICE STATION, THIRUVANANTHAPURAM ANNEXURE-A2. TRUE COPY OF THE AFFIDAVIT FILED BY THE PETITIONER

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RESPONDENT(S)' ANNEXURES --------------------------

NIL

/TRUE COPY/

VPS

PS TO JUDGE

RAJA VIJAYARAGHAVAN.V, J

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Crl.M.C. No.6475 of 2016

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Dated this the 16^th day of November, 2016

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O R D E R

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1.This petition is filed under S.482 of the Code of Criminal Procedure ( hereinafter referred to as the Code ) with a prayer to invoke the extraordinary inherent powers and to quash the pending criminal proceedings.

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2.The petitioner, the de facto complainant, in Crime No.490 of 2016 of the Chirayinkil Police Station registered for offences punishable under sections 457, 461 and 380 of the IPC . Alleging that some unknown person had entered into her house stealthily and had stolen valuables including gold and mobile phones, a statement was furnished based on which the aforesaid crime was registered. The aforesaid proceedings are sought to be quashed .

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3.The petitioner has filed Annexure-A2 affidavit before this Court wherein it is stated that the gold ornaments were recovered

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Crl.M.C.6475/2016

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from her home itself. According to the petitioner, she does not wish that the criminal proceedings should continue any further.

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4.The learned Public Prosecutor has not raised any serious objection in quashing the proceedings.

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5.After having considered the submissions, I am of the view that no purpose will be served in continuing with the investigation as the informant himself has approached this Court seeking to quash the proceedings.

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6.I am of the considered view that this Court will be well justified in invoking its extra ordinary powers under Section 482 of the Code to quash the proceedings.

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In the result, this petition will stand allowed. Annexure-A1 FIR

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and all further proceedings in Crime No 490 fo 2016 are quashed.

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RAJA VIJAYARAGHAVAN.V. JUDGE

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vps

Prabhasony v. State of Kerala

Case brief

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Prabhasony v. State of Kerala

Case brief

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