Allowed

Harikrishnan v. State of Kerala

Kerala HC6 Mar 2017Crl.MC/1484/2017

Case brief

AI extract

What is this about?

The High Court of Kerala considered a Criminal Misc. Case seeking quashing of offences under IPC for a criminal complaint. Based on the affidavit stating the parties settled the matter without further grievance, the court exercised its inherent powers to quash the FIR and further proceedings against the petitioner in the interest of justice and harmony.

What did the court decide?

Quashing of Annexure A1 FIR and further proceedings against the petitioner in Crime No. 1104 of 2016.

Harikrishnan 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 B.SUDHEENDRA KUMAR

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MONDAY, THE 6TH DAY OF MARCH 2017/15TH PHALGUNA, 1938

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Crl.MC.No. 1484 of 2017 () ---------------------------

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AGAINST THE ORDER/JUDGMENT IN CC 1590/2016 of J.M.F.C.-I,PATHANAMTHITTA DATED CRIME NO. 1104/2016 OF ARANMULA POLICE STATION , PATHANAMTITTA

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PETITIONER(S)/ACCUSED NO.1 TO 4::

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HARIKRISHNAN AGED 29 YEARS, S/O.BALAPPAN NAIR, RESIDING AT ERAPPAN PARACKAL HOUSE, VATTACKAVU, NARANGANAM P.O. & VILLAGE, PATHANAMTHITTA.

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BY ADV. SRI.MANU RAMACHANDRAN

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RESPONDENT(S)/STATE, DE-FACTO COMPLAINANT & INJURED PERSONS::

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THE STATE OF KERALA THROUGH SUB INSPECTOR OF POLICE, ARANMULA POLICE STATION, PATHANAMTHITTA DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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ANU PONNACHAN AGED 40 YEARS, W/O.K.A.PONNACHAN, RESIDING AT KALEECKAL HOUSE, NARANGANAM P.O. & VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA.

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R2 BY ADV. SRI.M.KIRANLAL

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R BY PUBLIC PROSECUTOR, SMT.M.K PUSHPALATHA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CONTD...

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:2:

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Crl.MC.No. 1484 of 2017 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE-A1: THE TRUE COPY OF THE FIR IN CRIME NO.1104/2016 OF ARANMULA POLICE STATION, PATHANAMTHITTA DISTRICT.

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ANNEXURE-A2: THE ORIGINAL OF THE AFFIDAVIT DATED 16.02.2017 SWORN BY THE DEFACTO COMPLAINANT/2ND RESPONDENT HEREIN.

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RESPONDENT(S)' EXHIBITS : NIL

//TRUE COPY//

P.A. TO JUDGE

SKS

B.SUDHEENDRA KUMAR, J.

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================== Crl.M.C. No. 1484 of 2017

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Dated this the 6^th day of March, 2017

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O R D E R

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The petitioner is the accused in Crime No. 1104 of 2016 of Aranmula Police Station registered for offences under Sections 447, 354D, 294(b) and 506 (ii) IPC. The 2^nd respondent is the defacto complainant.

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Heard the learned counsel for the petitioner, the learned counsel for the 2^nd respondent and the learned Public Prosecutor.

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The 2^nd respondent filed Annexure A2 affidavit, stating that the matter has been settled between the parties and hence he has no further grievance against the petitioner. Considering the facts and circumstances of the case, including the nature of allegations, I am of the view that

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Crl. M.C. No. 1484 of 2017 2

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quashing the offences will not adversely affect the public interest in this case. On the other hand, quashing the offences would lead to harmony. In the said circumstances, since the matter has been settled, I am inclined to quash Annexure A1 FIR and further proceedings against the petitioner in Crime No. 1104 of 2016 of Aranmula Poilice Station in exercise of the inherent power under Section 482 Cr.P.C., to meet the ends of justice. Accordingly, I order so.

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In the result, this M.C. stands allowed.

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Sd/-

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B. SUDHEENDRA KUMAR JUDGE

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SKS

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//TRUE COPY//

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P.A. TO JUDGE

Harikrishnan v. State of Kerala

Case brief

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Harikrishnan v. State of Kerala

Case brief

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