Allowed

Shaiju v. the State of Kerala

Kerala HC8 Aug 2017Crl.MC/4300/2017

Case brief

AI extract

What is this about?

In criminal miscellaneous case arising from offences under IPC Sections 279, 341, 323, 325, and 354, the High Court, upon settlement affidavits from injured parties and settlement between parties, exercised inherent powers to quash the final report and further proceedings invoking the ends of justice under Section 482 Cr.P.C.

What did the court decide?

Quashed the final report and ordered quashing of further proceedings against the petitioner in C.C.No.59/2017.

Shaiju 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 B.SUDHEENDRA KUMAR

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TUESDAY, THE 8TH DAY OF AUGUST 2017/17TH SRAVANA, 1939

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Crl.MC.No. 4300 of 2017 ()

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CC 59/2017 of J.M.F.C.-III, NEYYATTINKARA

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CRIME NO. 801/2016 OF KANJIRAMKULAM POLICE STATION, THIRUVANANDAPURAM

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PETITIONER(S)/ACCUSED:

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SHAIJU

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S/O. LAWERANCE, MEDAVILAKAM PURAYIDAM, NEAR KANNADI PPALLI KARUMKULAM, NEYYATTINKARA, TRIVANDRUM.

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BY ADV. SRI.M.R.SARIN

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RESPONDENT(S)/COMPLAINANT:

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1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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2. VIJI,

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AGED 25 YEARS,D/O. OMANA, MEDAVILAKAM PURAYADAM, NEAR KANNADIPPALLI KARUMKULAM, NEYYANTTINKARA, TRIVANDRUM-695 101.

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3. PRINCY.S, AGED 25 YEARS, D/O. SELVORI, PONNUNADA, THEKKEKARA, KARUMKULAM, NEYYATTINKARA, TRIVANDRUM -695 101.

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R2-3 BY ADV. SRI.P.SANTHOSHKUMAR (KARUMKULAM) R1 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-08-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 4300 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 NO 801/16 OF KANJIRAMKULAM POLICE STATION.

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ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CC NO 59/17 PENDING BEFORE JFCM COURT - III - NEYYANTTINKARA. ANNEXURE A3 AFFIDAVIT SIGNED BY THE 2ND RESPONDENT. ANNEXURE A4 AFFIDAVIT SIGNED BY THE 3RD RESPONDENT.

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RESPONDENT'S EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

STK

B. SUDHEENDRA KUMAR, J.

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-------------------------------Crl.M.C. No.4300 of 2017

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Dated this the 8^th day of August, 2017

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O R D E R

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The petitioner is the accused in C.C.No.59/2017 on the files of the court below. The offences alleged are the offences under Sections 279, 341, 323, 325 and 354 IPC.

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Heard.

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It has been submitted by the learned counsel for the parties and the learned Public Prosecutor that the matter has

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been settled between the parties. The second and the third respondents, who are the injured in this case, filed separate affidavits stating that the matter has been settled and hence they have no further grievance against the petitioner. Since the matter has been settled between the parties, quashing the said offences would secure the ends of justice. For the said reason, I am inclined to quash the final report and further proceedings against the petitioner in C.C.No.59/2017

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Crl.M.C. No.4300 of 2017

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-: 2 :-

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on the files of the court below, in exercise of the inherent power under Section 482 Cr.P.C., to meet the ends of justice

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and accordingly, I order so.

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

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Sd/-

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B. SUDHEENDRA KUMAR, JUDGE

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STK

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//TRUE COPY//

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//P.A. TO JUDGE//

Shaiju v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Shaiju v. the State of Kerala

Case brief

What is this about?

What did the court decide?

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