Allowed

Vishnu v. State of Kerala

Kerala HC21 May 2018Crl.MC/2372/2018

Case brief

AI extract

What is this about?

The Kerala High Court, in exercise of powers under Section 482 Cr.P.C., allowed a petition filed by accused individuals seeking quashing of criminal proceedings initiated under Section 394 IPC. Finding that the matter had been settled and no public interest was involved, the court quashed the prosecution case.

What did the court decide?

The criminal proceedings in CC No. 1044 of 2017 were quashed. An order for disposal of any material objects produced in the case was directed.

Vishnu 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 K.ABRAHAM MATHEW

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MONDAY, THE 21ST DAY OF MAY 2018 / 31ST VAISAKHA, 1940

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Crl.MC.No. 2372 of 2018

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CC.1044/2017 of JUDICIAL FIRST CLASS MAGISTRATE COURT, NJARAKKAL

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CRIME NO.1079/2017 OF MUNAMBAM POLICE STATION, ERNAKULAM

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PETITIONERS/ACCUSED NO'S 1 TO 4 :

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1 VISHNU, AGED 24 YEARS, S/O. MANIKANDAN, PALAKAPARAMBIL(H), EAST OF BAKERY JN, CHERAI KARA, PALLIPURAM VILLAGE.

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2 RITUL, AGED 22 YEARS, S/O. LOUIS, PADAMATTUMAL(H), NEAR THIRU KUDUMBAM CHURCH, MUNAMBAM KARA, KUZUPILLY VILLAGE.

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3 TONY, AGED 25 YEARS, S/O. THOMAS, KAIMAPARAMBIL(H), MUNAMBAM KARA, KUZUPILLY VILLAGE.

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4 SENJITH, AGED 23 YEARS, S/O. TOMY, OLATTUPURATH(H), MUNAMBAM KARA, KUZUPILLY VILLAGE.

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BY ADV.SRI.M.VIVEK

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RESPONDENTS/STATE AND DEFACTO-COMPLAINANT:

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

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2. PETER STELON, AGED 20 YEARS, S/O. BENNY, KUNNEL(H), PALLIPURAM KARA, PALLIPURAM VILLAGE-683515.

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R1 BY SENIOR PUBLIC PROSECUTOR SRI.C.S.HRITHIK R2 BY ADV. SRI.M.R.MADHU

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-05-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 2372 of 2018

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE-A CERTIFIED COPY OF FINAL REPORT/CHARGE SHEET IN CRIME NO:1079 OF 2017 OF MUNAMBAM POLICE STATION. ANNEXURE-B AFFIDAVIT DATED 19.3.2018 SWORN BY THE 2ND RESPONDENT.

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RESPONDENT(S)' ANNEXURE

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NIL

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TRUE COPY P.S. TO JUDGE

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21.5.2018

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K. ABRAHAM MATHEW, J.

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Crl.M.C. No. 2372 of 2018

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Dated this the 21^st 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 petitioners are the accused in CC No. 1044 of 2017

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on the file of the Judicial First Class Magistrate Court, Njarakkal registered for the offence under Section 394 of the Indian Penal Code. The second respondent is the victim. 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 petitioners and the second respondent and the learned Public Prosecutor.

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4.I have perused the affidavit filed by the second respondent, who has entered appearance through counsel. I am satisfied that the allegation of settlement is true and no public interest is involved. There is no impediment for granting the prayer of the petitioners. In the result, this Crl.M.C. is allowed. The proceedings

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Crl.M.C. No. 2372 of 2018

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..2..

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in CC No. 1044 of 2017 on the file of the Judicial First Class Magistrate Court, Njarakkal 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/21.05.2018

Vishnu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Vishnu v. State of Kerala

Case brief

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