Allowed

Denil v. Afnas

Kerala HC2 Feb 2018Crl.MC/303/2018

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal Miscellaneous Case seeking to quash proceedings in a criminal trial. The court held that since the matter was amicably settled and the injured party filed an affidavit confirming no complaints, no purpose would be served in continuing the trial. Consequently, all further proceedings were quashed.

What did the court decide?

Quashed all further proceedings against the petitioners in S.C.No.310/2017 arising from Crime No.732/2016.

Denil Vs Afnas — Constitutional and Fundamental Rights | 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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FRIDAY, THE 2ND DAY OF FEBRUARY 2018 / 13TH MAGHA, 1939

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Crl.MC.No. 303 of 2018

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SC 310/2017 of SUB COURT, VADAKARA CRIME NO. 732/2016 OF NADAPURAM POLICE STATION, KOZHIKODE DISTRICT

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PETITIONERS/ACCUSED NO.1 TO 3 :

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1 DENIL, S/O THULASEEDHARAN, AGED 25 YEARS, EDATHIPOYIL HOUSE, CHELAKKADU PO, NADAPURAM, VATAKARA THALUK.

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2 RAJITH, S/O NANU, AGED 27 YEARS, EDATHIPOYIL HOUSE,CHELAKKADU P.O, NADAPURAM, VATAKARA THALUK.

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3 RAJESH, S/O KUMARAN, AGED 36 YEARS, CHEKKIKUNNUMMAL HOUSE, PAYANTHONG, P.O.KALLACHI, VATAKARA THALUK.

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BY ADV.SRI.P.V.JEEVESH

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RESPONDENTS/DEFACTO COMPLAINANT & STATE :

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

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1. AFNAS, S/O HAMEED, AGED 23 YEARS, KANGADI THAYYULLATHIL HOUSE,VARIKKOLI, P.O.NADAPURAM, VATAKARA THALUK. PIN.673504.

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

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R1 BY ADV. SRI.ZUBAIR PULIKKOOL

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R2 BY PUBLIC PROSECUTOR SRI.ALEX M. THOMBRA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 303 of 2018 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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ANNEXURE 1 CERTIFIED COPY OF FINAL REPORT IN CRIME NO.732/2016 OF NADAPURAM POLICE STATION.

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ANNEXURE 2 SWORN AFFIDAVIT OF 1ST RESPONDENT.

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RESPONDENT'S ANNEXURES : NIL.

//TRUE COPY//

P.A. TO JUDGE

B. KEMAL PASHA, J.

Crl.M.C.No.303 of 2018

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Dated this the 2^nd day of February, 2018

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O R D E R

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Petitioner is the accused in S.C.No.310/2017 of the Assistant Sessions Court, Vatakara, which has arisen from Crime No.732/2016 of the Nadapuram Police Station, registered for the offences punishable under Sections 341, 324, 294, 308, 149, 143, 147 and 148 of the Indian Penal Code.

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

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On going through the matter, this Court is satisfied that there are no ingredients to invite an offence under Section 308 IPC in the matter. Apart from some abrasions, no other serious injuries are there on the injured. All the cases relating to the matter were settled. The 1^st respondent has filed affidavit as Annexure-2, affirming that the matter has been amicably settled between him and the petitioners and he has no complaints against the petitioners.

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When the matter has been amicably settled between

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the parties, no purpose would be served in proceeding with the

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Crl.M.C.No.303 of 2018 2

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matter any further. Matters being so, all further proceedings against the petitioners in S.C.No.310/2017 of the Assistant Sessions Court, Vatakara, which has arisen from Crime No.732/2016 of the Nadapuram 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 S.C.No.310/2017 of the Assistant Sessions Court, Vatakara, which has arisen from Crime No.732/2016 of the Nadapuram Police Station, are quashed.

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Sd/B. KEMAL PASHA, JUDGE.

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True Copy

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P.A. to Judge

Denil v. Afnas

Case brief

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Denil v. Afnas

Case brief

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