Allowed

Anilkumar v. State of Kerala

Kerala HC7 Aug 2017Crl.MC/5024/2017

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition, quashing the FIR and proceedings under Sections 143 to 506 IPC r/w 149 IPC for a public prosecution case. The court ruled based on the parties' settlement and the defacto complainant's affidavit stating no further grievance, finding quashing secured the ends of justice.

What did the court decide?

Quashing of the FIR in Crime No. 771/2017 and further proceedings against the petitioners.

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

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

¶4

MONDAY, THE 7TH DAY OF AUGUST 2017/16TH SRAVANA, 1939 Crl.MC.No. 5024 of 2017 () ---------------------------

¶5

CRIME NO. 771/2017 OF NARAKKAL POLICE STATION, ERNAKULAM

¶6

PETITIONER(S):

¶7

1. ANILKUMAR, AGED 47 YEARS, S/o.CHITRANGADAN, VATTATHARA HOUSE, NEDUNGAD, NAYARAMBALAM P.O. ERNAKULAM- 682 509. 2. MAHADEVAN, AGED 60 YEARS, S/o.VELUKUTTY, VATTATHARA HOUSE, NEDUNGAD, NAYARAMBALAM P.O. ERNAKULAM- 682 509. 3. NANDANAN, AGED 63 YEARS, S/o.NEELAKANDAN, VATTATHARA HOUSE, NEDUNGAD, NAYARAMBALAM P.O. ERNAKULAM- 682 509. 4. MAJEESH, AGED 36 YEARS, S/o.MADANAN, VATTATHARA HOUSE, NEDUNGAD, NAYARAMBALAM P.O. ERNAKULAM- 682 509. 5. MANEESH, AGED 38 YEARS, S/o.MADANAN, VATTATHARA HOUSE, NEDUNGAD, NAYARAMBALAM P.O. ERNAKULAM- 682 509. 6. NADARSHA, AGED 34 YEARS, S/o.MADANAN, VATTATHARA HOUSE, NEDUNGAD, NAYARAMBALAM P.O. ERNAKULAM- 682 509.

¶8

BY ADVS.SRI.C.ANILKUMAR (KALLESSERIL) SRI.C.Y.VINOD KUMAR SRI.P.M.MANASH SRI.M.P.SUMOD

¶9

Crl.MC.No. 5024 of 2017 ()

¶10

:: 2 ::

¶11

RESPONDENT(S):

¶12

1. STATE OF KERALA (REP. BY THE SUB INSPECTOR OF POLICE, CRIME NO.771/17 OF NARAKAL POLICE STATION, ERNAKULAM) REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI- 682 031

¶13

2. SHYAMALA, AGED 50 YEARS, AGED 50 YEARS, W/.REGI, VATTATHARA HOUSE, NEDUNGAD, NAYARAMBALAM P.O., ERNAKULAM-682 509.

¶14

R2 BY ADV. SRI.P.P.SUBHASH CHANDRAN R2 BY ADV. SMT.M.KABANI DINESH R1 BY PUBLIC PROSECUTOR SRI.M.K.PUSHPALATHA

¶15

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07-08-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶16

APPENDIX

¶17

PETITIONER'S EXHIBITS:

¶18

ANNEXUER-A1: TRUE COPY OF THE FIR IN CRIME NO.771/2017 OF NARAKAL POLICE STATION, ERNAKULAM ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRETE'S COURTNARAKAL, ERNAKULAM.

¶19

ANNEXUER-A2: AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANT/2ND RESPONDENT.

¶20

RESPONDENT'S EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

STK

B. SUDHEENDRA KUMAR, J.

¶25

-------------------------------Crl.M.C. No.5024 of 2017

¶26

Dated this the 7^th day of August, 2017

¶27

O R D E R

¶28

The petitioners are accused in Crime No.771/2017 of Narakkal Police Station registered for the offences under Sections 143, 147, 148, 427, 452, 323, 294(b) and 506(ii) r/w Section 149 IPC.

¶29

Heard.

¶30

It has been submitted by the learned counsel

¶31

for the parties and the learned Public Prosecutor that the matter has been settled between the parties. The second respondent, who is the defacto complainant, filed affidavit stating that the matter has been settled and hence she has no further grievance against the petitioners. Since the matter has been settled, I am of the view that quashing the said offences would secure the ends of justice. In the said circumstances, I am inclined to quash the FIR and further proceedings against the petitioners in

¶32

Crl.M.C. No.5024 of 2017

¶33

¶34

Crime No.771/2017 of Narakkal Police Station, in exercise of the inherent power under Section 482 Cr.P.C., to meet

¶35

the ends of justice and accordingly, I order so.

¶36

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

¶37

Sd/- B. SUDHEENDRA KUMAR, JUDGE

¶38

STK

¶39

//TRUE COPY//

¶40

//P.A. TO JUDGE//

Anilkumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Anilkumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Lizzy Joseph Vs State of Kerala

Anu Jose Vs State of Kerala

Siju Paul Vs State of Kerala

Shameer Babu Vs the State of Kerala

Subina Maria Vs the State of Kerala

Ratheesh Vs State of Kerala