Allowed

Binu C J v. State of Kerala

Kerala HC10 Jan 2018Crl.MC/1597/2017

Case brief

AI extract

What is this about?

The Court allowed a criminal miscellaneous petition to quash criminal proceedings against the petitioner. The matter had arisen from offences under Sections 468 and 420 IPC. The Court observed that the matter was amicably settled, no criminal antecedents existed, and the complainant affirmed satisfaction.

What did the court decide?

Annexure-A Final Report and all further proceedings in C.C.No.2493 of 2014 of the Judicial First Class Magistrate Court-I, Alappuzha against the petitioner are quashed.

Binu C J 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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WEDNESDAY, THE 10TH DAY OF JANUARY 2018 / 20TH POUSHA, 1939

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Crl.MC.No. 1597 of 2017

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----------------------CC 2493/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALAPPUZHA OS 213/2015 of III ADDL.MUNSIFF COURT-II, TRIVANDRUM

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PETITIONER/ACCUSED : ------------------

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BINU C J,S/O. JOHN C AGED 40 YEARS, PRA-11, PARAKKODE LANE, NALANCHIRA, THIRUVANANTHAPURAM

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BY ADV.SRI.M.SREEKUMAR

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RESPONDENTS/STATE & COMPLAINANT :

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

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

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2. SPECIAL OFFICER

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KERALA SPINNING AND WEAVING MILLS KOMALAPURAM, NORTH ARYAD P.O, ALAPPUZHA 688 643

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R1 BY PUBLIC PROSECUTOR SRI.AMJITH ALI R2 BY ADV. SRI.THOUFEEK AHAMED

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10-01-2018,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1597 of 2017 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN FIR NO 691/14 OF MANNANCHERRY POLICE STATION DATED 10-08-14 ANNEXURE B TRUE COPY OF THE JUDGEMENT DATED 23-09-2016 IN OS NO 213/15 OF ADDITIONAL MUNSIFF COURT-II, TRIVANDRUM RESPONDENT'S ANNEXURES : NIL.

//TRUE COPY//

P.A. TO JUDGE

B.KEMAL PASHA, J.

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======================

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Crl.M.C.No.1597 of 2017

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=======================

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Dated this the 10^th day of January, 2018

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O R D E R

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Petitioner is the accused in C.C.No.2493 of 2014 of the Judicial First Class Magistrate Court-I, Alappuzha, which has arisen from Crime No.691 of 2014 of Mannancherry Police Station, registered for the offences punishable under Sections 468 and 420 IPC.

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It seems that the matter has been amicably settled between the parties.

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On going through the facts and circumstances of the case, it seems that the matter can be permitted to be settled. It has been reported that no criminal antecedents have been reported against the petitioner. The defacto complainant has filed an affidavit affirming that the matter has been amicably settled between him and the petitioner and he has no complaints against the petitioner. Considering the fact that the matter has already been settled amicably between the parties, this Court is satisfied that no purpose would be

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Crl.M.C.No.1597 of 2017

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served in proceeding with the trial of the case. Matters being so, Annexure-A Final Report and all further proceedings in C.C.No.2493 of 2014 of the Judicial First Class Magistrate Court-I, Alappuzha which has arisen from Crime No.691 of 2014 of Mannancherry Police Station, as against the petitioner, are liable to be quashed.

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In the result, this Crl.M.C. is allowed and Annexure-A Final Report and all further proceedings in C.C.No.2493 of 2014 of the Judicial First Class Magistrate Court-I, Alappuzha which has arisen from Crime No.691 of 2014 of Mannancherry Police Station, as against the petitioner, are hereby quashed.

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Sd/-

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B.KEMAL PASHA JUDGE

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Bb/12/1/2018

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[True copy]

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P.A to Judge

Binu C J v. State of Kerala

Case brief

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Binu C J v. State of Kerala

Case brief

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