Allowed

Pranesh K. v. State of Kerala

Kerala HC23 Feb 2016Crl.MC/851/2016

Case brief

AI extract

What is this about?

High Court of Kerala quashed criminal proceedings against petitioner under IPC 452/332. Court held that since the matter was amicably settled confirmed by affidavit and petitioner has no criminal antecedents, no purpose would be served in continuing the proceedings.

What did the court decide?

All further proceedings as against the petitioner initiated through Annexure 1 FIR in Crime No.1016/2015 were quashed.

Pranesh 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

TUESDAY, THE 23RD DAY OF FEBRUARY 2016/4TH PHALGUNA, 1937

¶5

Crl.MC.No. 851 of 2016

¶6

CRIME NO. 1016/2015 OF MAYYIL POLICE STATION , KANNUR DISTRICT

¶7

PETITIONER(S)/ACCUSED :

¶8

PRANESH K., AGED 18 YEARS, S/O.MADHU P., KANDAMBETH HOUSE, BALAN KINAR, KATTAMPALLI, KANNUR DISTRICT.

¶9

BY ADV. SRI.SUNIL V.MOHAMMED

¶10

RESPONDENT(S)/STATE/COMPLAINANT :

¶11

1. THE STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, MAYYIL POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

¶12

2. P.SUGUNAN,

¶13

AKSHAYA, MOOZHIKKARA P.O., THALASSERY, KANNUR DISTRICT-670 103.

¶14

R1 BY PUBLIC PROSECUTOR SMT.MAYA R2 BY ADV. SMT.AJITHA APPU

¶15

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶16

Msd.

¶17

Crl.MC.No. 851 of 2016

¶18

APPENDIX

¶19

PETITIONER(S)' ANNEXURES :

¶20

ANNEXURE 1 : THE TRUE COPY OF THE FIR DATED 04.11.2015 REGISTERED AT MAYYIL POLICE STATION, KANNUR DISTRICT.

¶21

ANNEXURE 2 : THE TRUE COPY OF THE AFFIDAVIT DATED 30.01.2016 EXECUTED BY THE DEFACTO COMPLAINANT RECORDING THE SETTLEMENT BETWEEN THE PARTIES.

¶22

RESPONDENT(S)' ANNEXURES :

NIL

//TRUE COPY//

P.A.TO JUDGE.

Msd.

B. KEMAL PASHA, J.

¶28

................................................................ CRL.M.C. No. 851 of 2016

¶29

............................................................... Dated this the 23^rd day of February, 2016

¶30

O R D E R

¶31

The petitioner is the accused in Crime No.1016 of 2015 of the Mayyil Police Station, Kannur, registered for the offences punishable under Sections 452 and 332 of the Indian Penal Code.

¶32

The matter has been amicably settled between the petitioner and the defacto complainant, who is the 2^nd respondent herein. The defacto complainant has filed Annexure 2 affidavit affirming that the matter has been amicably settled between him and the petitioner and he has no complaints against the petitioner.

¶33

No criminal antecedents have been reported against the petitioner. When the matter has been amicably settled, no purpose would be served in proceeding with the

¶34

CRL.M.C.No. 851 of 2016

¶35

-: 2 :-

¶36

matter further, and therefore, all further proceedings as against the petitioner, initiated through Annexure 1 FIR in Crime No.1016/2015 of the Mayyil Police Station, Kannur, can be quashed.

¶37

In the result, this Crl.M.C. is allowed and all further proceedings as against the petitioner, initiated through Annexure 1 FIR in Crime No.1016/2015 of the Mayyil Police Station, Kannur, are hereby quashed.

¶38

Sd/- B. KEMAL PASHA, JUDGE.

¶39

ul/-

¶40

[True copy] P.S. to Judge

Pranesh K. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Pranesh 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

Pradeep Vs State of Kerala

Liju Vs State of Kerala

K.Rajin Vs State of Kerala

Anitha P. Vs State of Kerala

Arun @ Manish Vs Arun Prathapan

Franklin Vs State of Kerala