Allowed

K. Subramanya Bhat v. the State of Kerala

Kerala HC20 Jun 2017Crl.MC/1483/2016

Case brief

AI extract

What is this about?

This court allowed the criminal miscellaneous petition filed under Section 482 Cr.P.C. by an accused petitioner, quashing the criminal proceedings in Crime No. 393 of 2016. The quashing was granted as the matter had been settled and no public interest was involved, with the victim having no objection.

What did the court decide?

The proceedings in Crime No. 393 of 2016 of Kannur Town Police Station are quashed.

K. Subramanya Bhat Vs the 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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TUESDAY, THE 20TH DAY OF JUNE 2017/30TH JYAISHTA, 1939

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Crl.MC.No. 1483 of 2016 ()

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--------------------------CRIME NO. 393/2016 OF KANNUR TOWN POLICE STATION, KANNUR DISTRICT

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PETITIONER/ACCUSED:

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K. SUBRAMANYA BHAT, AGED 53 YEARS, S/O. MAHALINGA BHAT, NO. 5-1ST CROSS, NAGAPPA REDDDY LAYOUT, B. NARAYANAPURA, BANGALORE, KARNATAKA STATE - 560 061.

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BY ADVS.SRI.N.M.MADHU SRI.P.SHRIHARI SMT.C.S.RAJANI

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RESPONDENT(S)/STATE/DEFACTO COMPLAINANT:

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1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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2. STATION HOUSE OFFICER, KANNUR TOWN POLICE STATION, KANNUR - 670 001

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3. DR.S.M. BHATT, AGED 62 YEARS, S/O. SHANKARANARAYANA BHATT, GOKUL, NEAR CHINMAYA BALA BHAVAN, TALAP, KANNUR - 670 002.

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R1 & R2 BY PUBLIC PROSECUTOR SRI.RAMESH CHAND R3 BY ADV. SRI.K.SHIBILI NAHA

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 20-06-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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Crl.MC.No. 1483 of 2016 ()

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APPENDIX

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PETITIONER'S ANNEXURES:

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ANNEXURE A1	COPY OF THE FIR REGISTERED AS CRIME NO.33/2016 OF PUTTUR TOWN POLICE STATION
ANNEXURE A1(A)	COPY OF THE ENGLISH TRANSLATION OF THE FIR REGISTERED AS CRIME NO.33/2016 OF PUTTUR TOWN POLICE STATION
ANNEXURE A2	COPY OF THE MAHAZAR PREPARED BY THE PUTTUR TOWN POLICE
ANNEXURE A2(A)	COPY OF THE ENGLISH TRANSLATION OF MAHAZAR PREPARED BY THE PUTTUR TOWN POLICE
ANNEXURE A3	CERTIFIED COPY OF THE FIRST REGISTERED WITH THE KANNUR TOWN POLICE STATION
ANNEXURE A3(A)	COPY OF THE WRITTEN COMPLAINT FILED BY THE 3RD RESPONDENT (DE-FACTO COMPLAINANT)
ANNEXURE A4	COPY OF THE ANTICIPATORY BAIL APPLICATION NO.1378/2016 FILED BY THE DE-FACTO COMPLAINANT AND OTHERS BEFORE THIS HON'BLE COURT (ONLY THE MEMORANDUM OF THE BAIL APPLICATION WITHOUT SYNOPSIS, INDEX, ANNEXURES ETC)

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RESPONDENT'S ANNEXURES: NIL

/TRUE COPY/

P.A.TO JUDGE

sts

K. ABRAHAM MATHEW, J.

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Crl.M.C. No. 1483 of 2016

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Dated this the 20^th 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.Petitioner is the accused in Crime No. 393 of 2016 of Kannur Town Police Station. He is alleged to have committed the offences under Sections 448 and 506(1) of the Indian Penal Code. The 3^rd respondent is the victim. It is submitted that the matter has been settled and the proceedings in the criminal case may be quashed.

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3.Heard the learned counsel for the petitioner, the learned counsel for the 3^rd respondent and the learned Public Prosecutor.

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4.The 3^rd respondent has entered appearance through counsel and filed an affidavit, stating that the matter has been settled and he has no objection to the prayer in this Crl.M.C. being granted. I am satisfied that the

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Crl.M.C. No. 1483 of 2016

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..2..

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allegation of settlement is true and no public interest is involved in this case.

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In the result, this Crl.M.C. is allowed. The proceedings in Crime No. 393 of 2016 of Kannur Town Police Station are quashed. If any material object has been produced in the case, the learned Magistrate may pass appropriate orders for its disposal.

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Sd/-

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K. ABRAHAM MATHEW JUDGE

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bka/-

K. Subramanya Bhat v. the State of Kerala

Case brief

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K. Subramanya Bhat v. the State of Kerala

Case brief

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