Allowed

Krishnan v. State of Kerala

Kerala HC21 Jun 2017Crl.MC/1040/2017

Case brief

AI extract

What is this about?

A Criminal Misc. Case filed under Section 482 Cr.P.C. praying for quashing of criminal proceedings initiated against the petitioner's son and others for offences under Sections 324 and 326 IPC. The court observed that the matter was settled and found no public interest involved.

What did the court decide?

Proceedings in CC No. 2316/2014 on the file of the Judicial First Class Magistrate Court, Kayamkulam are quashed.

Krishnan Vs State of Kerala — Quashing and FIR | Kerala HC (2017)

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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 K.ABRAHAM MATHEW

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WEDNESDAY, THE 21ST DAY OF JUNE 2017/31ST JYAISHTA, 1939

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Crl.MC.No. 1040 of 2017

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C.C.NO. 2316/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KAYAMKULAM

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PETITIONER(S)/DEFACTO COMPLAINANT :

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KRISHNAN,

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AGED 85 YEARS, GOVINDAN, KAVAYYATHU VEEDU, CHERAVALLY MURI, KAYAMKULAM VILLAGE, KARTHIKAPPALLY TALUK, KAYAMKULAM P.O., ALAPPUZHA -690 502.

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BY ADV. SRI.P.B.SAHASRANAMAN

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RESPONDENT(S)/STATE & THE ACCUSED :

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1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION, ALAPPUZHA DISTRICT, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -682 031.

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2. SURESH, AGED 40 YEARS, S/O.KRISHNAN, KAVAYYATHU VEEDU, CHERAVALLY MURI, KAYAMKULAM VILLAGE, KARTHIKAPPALLY TALUK, KAYAMKULAM P.O., ALAPPUZHA -690 502.

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R1 BY PUBLIC PROSECUTOR SRI. K.B.UDAYAKUMAR

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 21-06-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Msd.

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Crl.MC.No. 1040 of 2017

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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A1 THE CERTIFIED COPY OF THE F.I.R NO.1488 OF 2012 OF THE KAYAMKULAM POLICE STATION.

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A2 THE ORIGINAL AFFIDAVIT SWORN BY THE PETITIONER ON 15.11.2016.

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RESPONDENT(S)' ANNEXURES :

NIL

//TRUE COPY//

P.A.TO JUDGE

Msd.

K. ABRAHAM MATHEW, J.

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Crl.M.C. No. 1040 of 2017

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Dated this the 21^st day of June, 2017

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O R D E R

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Petition filed under Section 482 Cr.P.C.

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2.CC No.1052 of 2013 on the file of the Judicial First

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Class Magistrate Court, Kayamkulam, is a case registered on the information given by the petitioner that his son, the 2^nd respondent; his wife and his daughter-in-law committed the offences under Sections 324 and 326 r/w Section 34 of the Indian Penal Code. As the petitioner was not available for trial, the other two accused were tried. They were acquitted. The case against the 2^nd respondent has been refiled as CC No.2316/2014. The prayer in this Crl.M.C. is to quash the proceedings on the ground that the matter has been settled by the petitioner and his son, the 2^nd respondent. 3.Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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Crl.M.C. No. 1040 of 2017

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..2..

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4.The learned Public Prosecutor also submits that the instruction given by the investigating officer is that the matter has been settled. The petitioner is an 85-year-old man. I do not find any reason to believe that the allegation of settlement is not true. No public interest is involved in this case.

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In the result, the Crl.M.C. is allowed. The proceeding in CC No.2316/2014 on the file of the Judicial First Class Magistrate Court, Kayamkulam is quashed.

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Sd/- K. ABRAHAM MATHEW JUDGE

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bka/-

Krishnan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Krishnan v. State of Kerala

Case brief

What is this about?

What did the court decide?

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