Allowed

Mahesh v. State of Kerala

Kerala HC20 Jun 2017Crl.MC/3986/2017

Case brief

AI extract

What is this about?

The High Court allowed a petition under Section 482 Cr.P.C. filed by accused persons to quash proceedings for offences under Sections 341, 323 IPC, 326 IPC and 294(b) IPC. The court accepted that the matter was settled and there was no objection from the victim, finding no public interest involved.

What did the court decide?

Quashing of proceedings in Crime No. 698 of 2017 of Kollam West Police Station.

Mahesh 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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TUESDAY, THE 20TH DAY OF JUNE 2017/30TH JYAISHTA, 1939

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Crl.MC.No. 3986 of 2017 ()

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CRIME NO. 698/2017 OF KOLLAM WEST POLICE STATION, KOLLAM DISTRICT

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PETITIONERS/ACCUSED NO. 1 TO 3 :

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------------------------------

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1. MAHESH, AGED 33 YEARS, S/O. VASANTHA SHENOY, RESIDING AT KRISHNA KRIPA, EAST OF T.D.TEMPLE,

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KOLLAM WEST VILLAGE, KOLLAM DISTRICT -PIN -691 013.

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2. SATHEESHKUMAR AGED 40 YEARS, S/O. SUNDARESWARA NAIK, RESIDING AT SUDHI NIVAS, CUTCHERY WARD, KOLLAM WEST VILLAGE, KOLLAM DISTRICT, PIN -691 013.

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3. VYASARAGHUPATHY SHENOY AGED 40 YEARS, S/O.A.V.SHENOY, RESIDING AT VYAS BHAVAN, MULANKADAKAM, KOLLAM WEST VILLAGE, KOLLAM DISTRICT, PIN-691 012.

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BY ADV. SRI.C.R.JAYAKUMAR

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RESPONDENTS/COMPLAINANTS :

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------------------------

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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031, REPRESENTING THE SHO, KOLLAM WEST POLICE STATION, KOLLAM DISTRICT.

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Crl.MC.No. 3986 of 2017 ()

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2. DURGESH SHARMA, AGED 40 YEARS, S/O.PRADUMNA SHARMA, RESIDING AT CHITOOR PADINJATTATHIL, T.D.NAGAR-140, KOLLA WEST VILLAGE, KOLLAM DISTRICT-691 013.

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R1 BY PUBLIC PROSECUTOR SRI. T.R. RENJITH 2 R BY SRI.B.N.HASKAR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-06-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 3986 of 2017 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A1: CERTIFIED COPY OF THE FIR NO.698/2017 OF KOLLAM WEST POLICE STATION, KOLLAM DISTRICT. ANNEXURE A2: AFFIDAVIT PREPARED BY THE 2ND RESPONDENT MR. DURGESH SHARMA DATED 03.06.2017 RESPONDENT(S)' EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDGE

K. ABRAHAM MATHEW, J.

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Crl.M.C. No. 3986 of 2017

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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.Petitioners are the accused in Crime No. 698 of 2017 of Kollam West Police Station. They are alleged to have committed the offences under Sections 341, 323, 326 and 294(b) r/w Section 34 of the Indian Penal Code. The 2^nd 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 2^nd respondent and the learned Public Prosecutor.

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4.The 2^nd 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. 3986 of 2017

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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. 698 of 2017 of Kollam West 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/-

Mahesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mahesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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