Allowed

Doney R v. Nithin S

Kerala HC21 Dec 2018Crl.MC/3579/2016

Case brief

AI extract

What is this about?

The Kerala High Court allowed petitions filed by accused persons under Section 482 Cr.P.C. seeking quashing of criminal proceedings. The Court found that the matters were settled with victims and no public interest was involved, thus quashed the pending cases in two separate complaints.

What did the court decide?

The proceedings S.C.No.265 of 2017 and S.C.No.134 of 2018 are quashed. The trial court may pass appropriate orders for disposal of any material objects produced in these cases.

Doney R Vs Nithin S — 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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FRIDAY, THE 21ST DAY OF DECEMBER 2018 / 30TH AGRAHAYANA, 1940

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Crl.MC.No. 3579 of 2016

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AGAINST CP 3/2015 of J.M.F.C.-I, PATHANAMTHITTA

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CRIME NO.93/2014 of Aranmula Police Station, Pathanamthitta

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PETITIONERS:

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1 DONEY R AGED:19 YEARS, S/O RAJAN, PLANKUZHIYIL HOUSE, THOTTAPUZHASERRY VILLAGE.

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2 BIJO BABU AGED:22 YEARS S/O BABU, NEDUMURUPEL HOUSE, ELANTHOOR VILLAGE.

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3 NIVISH K.A AGED:20 YEARS, S/O ANIYAN, CHIRAYIL KOLATHARAYIL HOUSE, THOTTAPUZHASERRY VILLAGE

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4 ALEX THOMAS AGED:20 YEARS, S/O THOMAS ANTONY, MARUTHUR KADAVIL, KOZHENCHERRY VILLAGE.

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5 ARAVIND.K.REJI AGED:20 YEARS, S/O K.S.REJI, KUTTAMPARAKAL HOUSE, ELANTHOOR VILLAGE

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6 SUJITH G.KRISHNAN AGED:20 YEARS, S/O GOPALAKRISHNAN, KANNAMPUNCHAYIL HOUSE, MALAPUZHASERRY VILLAGE

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7 ANANTHU VIJAYAN

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AGED:20 YEARS S/O K.K.VIJAYAN, ANASTHU VIHAR, KAIPUZHA PATHANAMTHITTA VALLIKODE VILLAGE.

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Crl.MC.No.3579&3580 of 2016 2

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8 BELRAM.V.ROY AGED:20 YEARS, S/O C.C.ROY, DHARMAGIRI HOUSE, MEZHUVELIL VILLAGE

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9 SABITH.P.ANAND AGED:20 YEARS, S/O SADANANDHAN, THARAYAN PARAMBIL HOUSE, PUNNACADU MALAPUZHASERRY VILLAGE.

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BY ADVS. SRI.ARUN.B.VARGHESE SRI.JAYKAR.K.S.

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RESPONDENTS:

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1 NITHIN S AGED:20 YEARS, S/O SOMAN A.R., SAMOOHATHU MADAOM, KALANJOOR VILLAGE-689645

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2 SUDHI SOMAN AGED:20 YEARS, S/O SOMAN K, NADUVATHU HOSUE, KARAMVELI, MALAPUZHASERY VILLAGE-689645

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3 SREENATH AGED 19 YEARS S/O PRASANNA KUMAR, KOZHIPURATHU HOUSE, VETTOR MURI, PATHANAMTHITTA VILLAGE-689645

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

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BY ADV. SMT.M.B.DHANYA BABU

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SENIOR PUBLIC PROSECUTOR SHRI. ALEX M.THOMBRA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21.12.2018, ALONG WITH Crl.MC.3580/2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.3579&3580 of 2016 3

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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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FRIDAY, THE 21ST DAY OF DECEMBER 2018 / 30TH AGRAHAYANA, 1940

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Crl.MC.No. 3580 of 2016

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AGAINST CP 41/2015 of J.M.F.C.-I, PATHANAMTHITTA

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CRIME NO.80/2014 of Aranmula Police Station, Pathanamthitta

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PETITIONERS:

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1 ABY ALPHONSE AGED 21 YEARS, S/O ALPHONSE, PULOOR, KURIYANOOR, THOTTAPUZHASSERY VILLAGE

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2 ANOOP KUMAR AGED 22 YEARS, S/O SUKUMARAN, THANUVELIL THEKKETHIL, PURAMATTOM VILLAGE

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3 ANOOP B NAIR AGED 24 YEARS

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S/O BALACHANDRAN, VARAVANOOR HOUSE, THAZHAM P.O., MALAYALAPUZHA VILLAGE.

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4 SIBI @ SUDHEESH SURESH AGED 21 YEARS, S/O SURESH, CHARIVINPURATU, NELLIKALA P.O., MALAMPPUZHASSERY VILLAGE.

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5 AJITH SENAN AGED 23 YEARS, S/O CHANDRASENAN, SREEJITH BHAVAN, NELLIKALA P.O., ELANTHOOR VILLAGE.

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6 HARIKRISHNAN AGED 31 YEARS, S/O SOMAN NAIR, THADATHIL PUTHEVEEDU, AYIROOR VILLAGE.

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Crl.MC.No.3579&3580 of 2016 4

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7 VINU V. PILLAI AGED 23 YEARS, S/O VENU, MELAE VEETIL, NARANGANAM NORTH CHERUKOL VILLAGE

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BY ADVS. SRI.ARUN.B.VARGHESE SRI.JAYKAR.K.S.

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RESPONDENTS:

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1 TIM TITUS AGED 27 YEARS, S/O TITUS THOMAS, THELAPURATHU HOUSE, CHETTIMUKKU, MARAMON P.O., PATHANAMTHITTA DIST.-689 645

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2 PRAVEEN AGED 22 YEARS, S/O K.V.PRAKASH, KEETTETHU MEMURIYIL, EDAPARIYARAM P.O., ELANTHOOR, PATHANAMTHITTA DISRICT - 689 645

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3 STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031

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BY ADV. SMT.M.B.DHANYA BABU

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21.12.2018, ALONG WITH Crl.MC.3579/2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.3579&3580 of 2016 5

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ORDER

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Petition filed under Section 482 Cr.P.C.

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Petitioners in Crl.M.C.No.3579 of 2016

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are the accused in S.C.No.265 of 2017 (C.P.No.3

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of 2015 of Judicial Magistrate of First Class-I,

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Pathanamthitta) and the petitioners in Crl.M.C.No.3580 of 2016 are the accused in S.C.No.134 of 2018 (C.P.No.41 of 2015 of Judicial Magistrate of First Class-I,

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Pathanamthitta) on the file of the Additional Sessions Court II & IV, Pathanamthitta respectively. In the first case, the

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petitioners have allegedly committed the offences under Sections 143,147,148 and 307 read with Section 149 IPC and in the second case the petitioners have allegedly committed the offences under Sections 115,143,147,148,307 and

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323 read with Section 149 IPC. The party

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respondents are the victims. It is submitted

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that the matter has been settled and the proceedings in the trial court may be quashed.

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Crl.MC.No.3579&3580 of 2016 6

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Heard the learned counsel for the

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petitioners and party respondents and the

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learned Public Prosecutor.

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I have perused the affidavits filed by

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the party respondents, who have entered

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appearance through counsel. I am satisfied that the matter has been settled and no public interest is involved in this case. There is no

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impediment for granting the prayer of the petitioners.

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In the result, these Crl.M.C.s are allowed.

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The proceedings S.C.No.265 of 2017 (C.P.No.3 of 2015 of Judicial Magistrate of First Class-I,

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Pathanamthitta) and S.C.No.134 of 2018 (C.P.No.41 of 2015 of Judicial Magistrate of

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First Class-I, Pathanamthitta) on the file of

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the Additional Sessions Court II & IV,

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Pathanamthitta respectively are quashed. If any

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Crl.MC.No.3579&3580 of 2016 7

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material objects have been produced in these cases, the trial court may pass appropriate orders for their disposal.

Sd/-

K.ABRAHAM MATHEW

JUDGE

MC/22.12.18

Crl.MC.No.3579&3580 of 2016 8

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APPENDIX OF Crl.MC 3579/2016

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PETITIONER'S/S EXHIBITS:

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A1 CERTIFIED COPY OF THE FINAL REPORT IN C.P.NO. 3/15 PENDING ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT I PATHANAMTHITTA

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A2 AFFIDAVIT FILED BY THE FIRST RESPONDENT A3 AFFIDAVIT FILED BY THE SECOND RESPODENT A4 AFFIDAVIT FILED BY THE 3RD RESPONDENT

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RESPONDENT'S/S EXHIBITS:

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NIL

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Crl.MC.No.3579&3580 of 2016 9

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APPENDIX OF Crl.MC 3580/2016

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PETITIONER'S/S EXHIBITS:

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A1 CERTIFIED COPY OF THE FINAL REPORT IN C.P NO.41/2015 PENDING ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT I PATHANAMTHITTA AII AFFIDAVIT FILED BY THE FIRST RESPONDENT AIII AFFIDAVIT FILED BY THE SECOND RESPONDENT RESPONDENT'S/S EXHIBITS:

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NIL

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(TRUE COPY) PA TO JUDGE

Doney R v. Nithin S

Case brief

What is this about?

What did the court decide?

Doney R v. Nithin S

Case brief

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