Allowed

Krishna Sai v. State of Kerala

Kerala HC18 Jan 2018Crl.MC/145/2018

Case brief

AI extract

What is this about?

Criminal Miscellaneous Case filed by an accused to quash proceedings in a First Class Magistrate Court after an amicable settlement was reached between the petitioner and the de facto complainant. The High Court accepted the settlement affidavit and quashed the further proceedings.

What did the court decide?

Quashing of all further proceedings against the petitioner in C.C. No.935/2017 of the Judicial First Class Magistrate's Court-V, Thiruvananthapuram.

Krishna Sai Vs State of Kerala — Quashing and FIR | Kerala HC (2018)

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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.KEMAL PASHA

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THURSDAY, THE 18TH DAY OF JANUARY 2018 / 28TH POUSHA, 1939

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Crl.MC.No. 145 of 2018

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

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CC 935/2017 of JUDICIAL FIRST CLASS MAGISTRATE COURT-V, THIRUVANANTHAPURAM

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

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PETITIONER/2ND ACCUSED :

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

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KRISHNA SAI, AGED 20 YEARS, S/O.ANILKUMAR, KUNNANDIYIL VEEDU, KULATHOOR, KUNJALUMOODU, ATTIPRA VILLAGE, THIRUVANANTHAPURAM DISTRICT.

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BY ADV.SRI.VINCENT JOSEPH

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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

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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2. RAJEEV, AGED 32 YEARS, S/O.PUSHPAN, MUNDICHANVILAKAM VEETTIL, POUNDU KADAVU WARD, NEAR KULATHOOR KOLOTHUKARA TEMPLE,ATTIPRA VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN-695116.

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R1 BY PUBLIC PROSECUTOR SRI ALEX M. THOMBRA

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R2 BY ADV. SRI.C.K.SAJEEV

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-01-2018,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 145 of 2018 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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ANNEXURE A1 CERTIFIED COPY OF THE COPY OF CHARGE SHEET FILED BY THUMBA POLICE IN C.C.NO.935/2017 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-V, THIRUVANANTHAPURAM.

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ANNEXURE A2 AFFIDAVIT DATED 5-1-2018 SWORN BY THE 2ND RESPONDENT.

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RESPONDENT'S ANNEXURES : NIL.

//TRUE COPY//

P.A. TO JUDGE

B. KEMAL PASHA, J.

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Crl.M.C. No.145 of 2018

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Dated this the 18^th day of January, 2018

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~ ~ ~ ~ ~ ~

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Petitioner is the accused in CC No.935/2017 of

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the Judicial First Class Magistrate's Court-V, Thiruvananthapuram, which has arisen from Crime No.1032/2016 of Thumba Police Station for the offences punishable under Sections 294(b), 341 and 323 read with Section 34 IPC.

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It seems that the matter has been amicably settled between the petitioner and the de facto complainant, who is the 2^nd respondent herein.

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The 2^nd respondent has filed Annexure-A2 affidavit affirming that the matter has been amicably settled between him and the petitioner and presently, he has no complaints against the petitioner. When the matter has been amicably settled between the parties, no purpose

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Crl.M.C.145/2018

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: 2 :

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would be served in proceeding with the matter further. Matters being so, all further proceedings against the petitioner in CC No.935/2017 of the Judicial First Class Magistrate's Court-V, Thiruvananthapuram, which has arisen from Crime No.1032/2016 of Thumba Police Station, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings against the petitioner in CC No.935/2017 of the

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Judicial First Class Magistrate's Court-V, Thiruvananthapuram, which has arisen from Crime No.1032/2016 of Thumba Police Station, are quashed.

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/18/01

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// True Copy //

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PS to Judge

Krishna Sai v. State of Kerala

Case brief

What is this about?

What did the court decide?

Krishna Sai v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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