Allowed

Sujith v. the State of Kerala

Kerala HC9 Feb 2016Crl.MC/683/2016

Case brief

AI extract

What is this about?

Court quashed pending criminal proceedings in C.C. No. 630/2011 against petitioners after the matter was amicably settled with the de facto complainant, who filed an affidavit confirming no complaints remain. No criminal antecedents were reported against the accused.

What did the court decide?

All further proceedings in C.C. No. 630/2011 pending before the Judicial First Class Magistrate's Court-III, Thrissur, based on Annexure-A2 Final Report, quashed.

Sujith Vs the 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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TUESDAY, THE 9TH DAY OF FEBRUARY 2016/20TH MAGHA, 1937

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Crl.MC.No. 683 of 2016 ()

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CC.NO. 630/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -III,THRISSUR CRIME NO. 1186/2011 OF MANNUTHY POLICE STATION , THRISSUR DISTRICT

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PETITIONER(S)/ACCUSED:

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1. SUJITH, AGED 41 YEARS, S/O.ACHUTHAN NAIR, PARANGODATH HOUSE,

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NETTISSERRY, MANNUTHY, THRISSUR DISTRICT.

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2. AJITH, AGED 38 YEARS,S/O.ACHUTHAN NAIR, PARANGODATH HOUSE, NETTISSERRY, MANNUTHY, THRISSUR DISTRICT.

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BY ADV. SRI.C.D.DILEEP

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RESPONDENT(S)/COMPLAINANT & DEFACTO COMPLAINANT:

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

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2. APPUNNI NAIR, AGED 90 YEARS, PUTHUMANAPPILLY HOUSE, MANNUTHY, THRISSUR, NOW RESIDING AT 55, ABBOTTSBORY GARDENS, EASTCOTE, PINNER, MIDDLSEX, LONDON, HA 5 ITB.

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R1 BY PUBLIC PROSECUTOR SMT. MAYA

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R2 BY ADV. SRI.P.K.SAJEEV

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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Crl.MC.No. 683 of 2016 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES:

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ANNEX A1 : TRUE COPY OF THE COMPLAINT IN CRL.M.P. 2394/2011 ON THE FILES OF JUDICIAL 1ST CLASS MAGISTRATE COURT -III, THRISSUR.

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ANNEX A2 : TRUE COPY OF THE FINAL REPORT IN CRIME NO.1186/2011 OF MANNUTHY POLICE STATION.

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ANNEX A3 : AFFIDAVIT OF THE 2ND RESPONDENT DT 19-12-2015.

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RESPONDENT(S)' ANNEXURES:

NIL

/TRUE COPY/

P.A.TO JUDGE

sts

B.KEMAL PASHA, J.

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================ Crl.M.C. No. 683 of 2016

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======================= Dated this the 9^th day of February, 2016

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O R D E R

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Petitioners are the accused in C.C. No.630/2011 of the

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Judicial First Class Magistrate's Court-III, Thrissur, which has arisen from Crime No.1186/2011 of the Mannuthy Police Station, Thrissur, registered for the offences punishable under Sections 294(b) and 506(i) 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 2^nd respondent herein. The defacto complainant has filed Annexure-A3 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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No criminal antecedents have been reported

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Crl.M.C. No. 683 of 2016

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-: 2 :-

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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.630/2011 pending before the Judicial First Class Magistrate's Court-III, Thrissur, as against the petitioners, based on Annexure-A2 Final Report, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings in C.C. No.630/2011 pending before the Judicial First Class Magistrate's Court-III, Thrissur, as against the petitioners, based on Annexure-A2 Final Report, are hereby quashed.

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Sd/- B.KEMAL PASHA, JUDGE

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stu

Sujith v. the State of Kerala

Case brief

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Sujith v. the State of Kerala

Case brief

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