Allowed

Archana G v. State of Kerala

Kerala HC24 Jul 2018Crl.MC/4485/2018

Case brief

AI extract

What is this about?

This single judge court allowed a criminal miscellaneous petition filed by an accused sister to quash criminal proceedings. The court accepted an affidavit of settlement and invoked its inherent jurisdiction under section 482 Cr.P.C to quash the charges related to damaging a CCTV camera.

What did the court decide?

Crl.M.C. allowed; all further proceedings arising from Crime No.304 of 2016 quashed.

Archana G 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 SUNIL THOMAS

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TUESDAY, THE 24TH DAY OF JULY 2018 / 2ND SRAVANA, 1940

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Crl.MC.No. 4485 of 2018

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AGAINST THE ORDER/JUDGMENT IN CC 1519/2016 of ADDL.C.J.M.,TRIVANDRUM CRIME NO. 304/2016 OF MECICAL COLLEGE POLICE STATION , THIRUVANANDAPURAM

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PETITIONER/ACCUSED:

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ARCHANA G., AGED 36 YEARS, D/O. K. GOPINATH, RESIDING AT PRATHIBHA, UGRA41,ULLOOR GARDENS, ULLOOR WARD, ULLOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN 695 011.

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BY ADVS.SRI.J.R.PREM NAVAZ SRI.P.T.SHEEJISH

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN 682 031.

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2. ANJANA GOPINATH, AGED 33 YEARS, D/O. K. GOPINATH, RESIDING AT T.C 43/430,AKARATHIN VILAKAM, VALIYAVEEDU LANE, KAMALESHWARAM, MANACAUD VILLAGE, THIRUVANANTHAPURA, PIN 695 009.

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R2 BY ADV. SRI.AJOY VENU

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R BY PUBLIC PROSECUTOR: SRI T R RENJITH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 4485 of 2018 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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ANNEXURE A1 THE CERTIFIED COPY OF THE CHARGE SHEET/FINAL REPORT IN CRIME NO.304 OF 2016 OF MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM DISTRICT.

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ANNEXURE A2 THE AFFIDAVIT SOLEMNLY AFFIRMED BY THE SECOND RESPONDENT/DEFACTO COMPLAINANT

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RESPONDENTS EXHIBITS:NIL

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True Copy / P A to Judge

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SUNIL THOMAS, J.

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

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Crl.M.C.No.4485 of 2018

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

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Dated this the 24^th day of July, 2018

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ORDER

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Petitioner herein allegedly damaged the CCTV camera installed by the defacto complainant. Complaint was laid and crime was registered as Crime No.304 of 2016 of Medical College Police Station. After investigation, final report was laid for offences punishable under sections 323 and 427 of the Indian Penal Code. Final report was accepted and the matter is now pending as C.C.No.1519 of 2016 of the Additional Chief Judicial Magistrate Court, Thiruvananthapuram.

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It is seen that the petitioner and the second respondent are sisters. It is stated that, there was another criminal case pending between the parties. Stating that both criminal matters have been settled peacefully, petitioner herein has approached this court to quash the proceedings. He relied on Annexure-A2 affidavit affirmed by the second respondent. Learned counsel for the petitioner also endorsed the settlement as conveyed by the second respondent. It is also submitted that the petitioner is not involved in any other criminal case. Having considered this, I am inclined to invoke the jurisdiction under section 482 Cr.P.C to quash the criminal proceedings.

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Crl.M.C.4485/18

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In the result, Crl.M.C is allowed. All further proceedings arising from Crime No.304 of 2016 of Medical College Police Station will stand quashed.

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Sd/-

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SUNIL THOMAS Judge

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Sbna/24/7/18

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True Copy / P A to Judge

Archana G v. State of Kerala

Case brief

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What did the court decide?

Archana G v. State of Kerala

Case brief

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