Allowed

Arun v. State of Kerala

Kerala HC15 Jan 2018Crl.MC/27/2018

Case brief

AI extract

What is this about?

High Court of Kerala allowed the petition to quash the FIR, charge sheet, and further proceedings in a criminal case involving offenses under Sections 341, 323, 325, and 294(b) IPC, as the matter had been amicably settled between the parties and no criminal antecedents were reported.

What did the court decide?

Quashing of Annexure-A1 FIR, Annexure-A2 Final Report/Charge Sheet, and all further proceedings in S.C.No.356 of 2015 as against the petitioners.

Arun 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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MONDAY, THE 15TH DAY OF JANUARY 2018 / 25TH POUSHA, 1939

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Crl.MC.No. 27 of 2018

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--------------------SC 356/2015 OF ADDITIONAL SESSIONS COURT-1, THRISSUR CRIME NO. 1744/2013 OF ANTHIKKAD POLICE STATION , TRISSUR

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

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PETITIONER(S)/ACCUSED 1 &2

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1 ARUN, AGED 26 YEARS, S/O. GUNASINGH, PUTHUVEETTIL HOUSE, KANCHIRACHOD DESOM, VADAKKUMURI, ANTHIKKAD, THRISSUR DT. 680570

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2 PRASHOBH, AGED 23 YEARS, S/O. ASHOKAN, PUTHUVEETIL HOUSE, KANCHIRACHOD DESOM, VADAKKUMURI, ANTHIKKAD, THRISSUR DT. 680570

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BY ADV.SRI.A.HAROON RASHEED

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RESPONDENT(S)/COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ANTHIKKAD POLICE STATION, THRISSUR DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.682031

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2. AJITHSINGH, AGED 20 YEARS, S/O. GUNASINGH, RESIDISDNG AT VELEKKATT HOUSE, VADAKKUMURI VILLAGE, ANTHIKKAD, THRISSUR DT. 680570.

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R1 BY PUBLIC PROSECUTOR SRI ALEX M THOMBRA R2 BY ADV. SRI.C.R.REKHESH SHARMA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.V.

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Crl.MC.No. 27 of 2018 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A1 THE TRUE COPY OF THE F.I.R IN CRIME NO. 1744/2013 OF ANTHIKKAD POLICE STATION ANNEXURE A2- THE TRUE COPY OF THE FINAL REPORT/CHARGE SHEET IN CRIME NO.1744/2013 OF ANTHIKKAD POLICE STATION ANNEXURE A3- THE TRUE COPY OF THE AFFIDAVIT SIGNED BY THE 2ND RESPONDENT

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RESPONDENTS ANNEXURES: NIL

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K.V. P.S.TO JUDGE

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B.KEMAL PASHA, J.

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

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Crl.M.C.No.27 of 2018

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

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Dated this the 15^th day of January, 2018

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O R D E R

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Petitioners are the accused in S.C.No.356 of 2015 of the Additional Sessions Court-1, Thrissur, which has arisen from Crime No.1744 of 2013 of the Anthikkad Police Station, registered for the offences punishable under Sections 341, 323, 325 and 294(b) IPC read with Section 34 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 petitioners. The defacto complainant has filed Annexure-A3 affidavit affirming that the matter has been amicably settled between him and the petitioners and he has no complaints against the petitioners. Considering the fact that the matter has already been settled amicably between the parties, this Court is satisfied that no

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Crl.M.C.No.27 of 2018 2

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purpose would be served in proceeding with the trial of the case. Matters being so, Annexure-A1 First Information Report, Annexure-A2 Final report/charge sheet and all further proceedings in S.C.No.356 of 2015 of the Additional Sessions Court-1, Thrissur, which has arisen from Crime No.1744 of 2013 of the Anthikkad Police Station, as against the petitioners, are liable to be quashed.

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In the result, this Crl.M.C. is allowed and Annexure-A1 First Information Report, Annexure-A2 Final report/charge sheet and all further proceedings in S.C.No.356 of 2015 of the Additional Sessions Court-1, Thrissur, which has arisen from Crime No.1744 of 2013 of the Anthikkad Police Station, as against the petitioners, are hereby quashed.

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Sd/-

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B.KEMAL PASHA JUDGE

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Bb/15/1/2018

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[True copy]

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P.A to Judge

Arun v. State of Kerala

Case brief

What is this about?

What did the court decide?

Arun v. State of Kerala

Case brief

What is this about?

What did the court decide?

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