Allowed

Thazhakkal Arun v. the State of Kerala

Kerala HC24 May 2018Crl.MC/2320/2018

Case brief

AI extract

What is this about?

The High Court allowed a criminal miscellaneous petition under Section 482 Cr.P.C. to quash criminal proceedings against the petitioner, an accused who had surrendered after absconding, holding that the grievance had been settled and no public interest was involved.

What did the court decide?

Proceedings in CC No. 102 of 2017 on the file of the Judicial First Class Magistrate Court, Vadakara are quashed.

Thazhakkal Arun Vs the 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 K.ABRAHAM MATHEW

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THURSDAY, THE 24TH DAY OF MAY 2018 / 3RD JYAISHTA, 1940

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Crl.MC.No. 2320 of 2018

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CC 102/2017 of JUDICIAL FIRST CLASS MAGISTRATE COURT, VADAKARA CRIME NO. 97/2013 OF EDACHERRY POLICE STATION, KOZHIKODE DISTRICT

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PETITIONER/ACCUSED :

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THAZHAKKAL ARUN, AGED 23 YEARS, S/O. KUMARAN, MORATH HOUSE, EDACHERRY NORTH, CALICUT DISTRICT.

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BY ADV.SMT.P.K.PRIYA

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RESPONDENTS/COMPLAINANT:

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1. THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE S.H.O., EDACHERRY, KOZHIKODE DISTRICT - 682031.

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2. SAJEESH,AGED 32 YEARS, S/O. RAGHAVAN, CHANGALANGAL HOUSE, KACHERI P.O., KOZHIKODE DISTRICT - 673 006.

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3. NIDHIN, AGED 25 YEARS, S/O. NANU, PUNATHIL HOUSE, P.O.KACHERI, VADAKARA, KOZHIKODE DISTRICT - 673 006.

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R1 BY PUBLIC PROSECUTOR SRI. AMJAD ALI R2 & R3 BY ADV. SMT.M.S.LETHA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-05-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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bp 24/5/2018

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Crl.MC.No. 2320 of 2018 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO. 97/2013 OF EDACHERRY POLICE STATION. ANNEXURE A2 TRUE COPY OF THE FINAL REPORT IN CRIME NO. 97/2013 OF EDACHERRY POLICE STATION. ANNEXURE A3 TRUE COPY OF THE THE JUDGMENT DATED 23.01.2017 IN C.C.NO. 657/2013 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, VADAKARA. ANNEXURE A4 THE TRUE COPY OF AFFIDAVIT OF THE DEFACTO COMPLAINANT IN CRIME NO. 97/2013 OF EDACHERRY POLICE STATION DATED 10.03.2018. ANNEXURE A5 THE TRUE COPY OF THE AFFIDAVIT OF THE INJURED IN CRIME NO. 97/2013 OF EDACHERRY POLICE STATION DATED 10.03.2018.

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RESPONDENT'S ANNEXURES : NIL.

//TRUE COPY//

P.A. TO JUDGE

bp 24/5/2018

K. ABRAHAM MATHEW, J.

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-------------------------------------------------Crl.M.C. No. 2320 of 2018

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Dated this the 24^th day of May, 2018

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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.The petitioner was the first accused in Crime No. 97 of

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2013 of Edacherry Police Station registered for the offences under Sections 143, 147, 323 & 341 r/w Section 149 of the Indian Penal Code. As he was absconding, only the other accused were tried. They were acquitted by Annexure A3 judgment. Later, he surrendered and his case is now pending in trial court as CC No. 102 of 2017. Respondents 2 & 3 are the victims. 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 and respondents 2 & 3 and the learned Public Prosecutor.

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4.I have perused the affidavits filed by respondents 2 & 3,

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who have entered appearance through counsel. I am

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..2..

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Crl.M.C. No. 2320 of 2018

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satisfied that the allegation of settlement is true and no public interest is involved. There is no impediment for granting the prayer of the petitioner.

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In the result, this Crl.M.C. is allowed. The proceedings in CC No. 102 of 2017 on the file of the Judicial First Class Magistrate Court, Vadakara are quashed. If any material objects have been produced in the case, the learned magistrate may pass appropriate orders for their disposal.

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Sd/-

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K. ABRAHAM MATHEW JUDGE

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bka/24.05.2018

Thazhakkal Arun v. the State of Kerala

Case brief

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Thazhakkal Arun v. the State of Kerala

Case brief

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