Allowed

Rohith v. State of Kerala

Kerala HC15 Jan 2018Crl.MC/45/2018

Case brief

AI extract

What is this about?

This bench allowed a criminal miscellaneous petition to quash proceedings under Sections 143, 147, 148, 323, 324, and 308 IPC read with Section 149 IPC. Relying on an amicable settlement and the defacto complainant's affidavit, the Court found no purpose served in proceeding with the trial and quashed the cognizance.

What did the court decide?

The Crl.M.C. No. 45 of 2018 is allowed. Annexure-A Final Report and all further proceedings in C.P. No. 39 of 2017 as against the petitioner are quashed.

Rohith 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. 45 of 2018

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--------------------CP 39/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1, PERAMBRA CRIME NO. 245/2017 OF PERAMBRA POLICE STATION , KOZHIKODE

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-----------

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PETITIONER(S)/ACCUSED NO.2:

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ROHITH, AGED 28 YEARS, S/O.SASI, KUNIYIL HOUSE, PALERI TOWN P.O., KOZHICODE DISTRICT.

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BY ADV.SRI.MANSOOR.B.H.

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RESPONDENT(S)/COMPLAINANT/STATE::

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1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM - 682 031, THROUGH STATION HOUSE OFFICER, PERAMABRA POLICE STATION, KOZHICODE DISTRICT.

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2. BAIJU V.K, AGED 36 YEARS, S/O.CHATHUKURUP, VELLAKOLLIYIL HOUSE, CHANGAROTH P.O., KOZHICODE - 673 024.

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R1 BY PUBLIC PROSECUTOR SRI ALEX M THOMBRA

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R2 BY ADV. SRI.B.H.ANSIL

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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. 45 of 2018 ()

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PETITIONER(S)' EXHIBITS

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ANNEXURE A: CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.245/2017 OF PERAMBRA POLICE STATION. ANNEXURE B: AFFIDAVIT OF SETTLEMENT OF SECOND RESPONDENT/DEFACTO COMPLAINANT.

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ANNEXURE C: TRUE COPY OF THE ADVICE FOR APPOINTMENT BEARING NO.RIC(I) 19478/10/GW ISSUED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION.

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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.45 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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Petitioner is the accused in C.P.No.39 of 2017 of the Judicial First Class Magistrate Court-1, Perambra, which has arisen from Crime No.245 of 2017 of the Perambra Police Station, registered for the offences punishable under Sections 143, 147, 148, 323, 324, and 308 IPC read with Section 149 IPC.

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It seems that the matter has been amicably settled

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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 petitioner. This Court is satisfied that there are no ingredients to invite an offence under Section 308 IPC in the matter. The defacto complainant has filed Annexure-B affidavit affirming that the matter has been amicably settled between him and the petitioner and he

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Crl.M.C.No.45 of 2018 2

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has no complaints against the petitioner. Considering the fact that the matter has already been settled amicably between the parties, this Court is satisfied that no purpose would be served in proceeding with the trial of the case. Matters being so, Annexure-A Final Report and all further proceedings in C.P.No.39 of 2017 of the Judicial First Class Magistrate Court1, Perambra, which has arisen from Crime No.245 of 2017 of the Perambra Police Station, as against the petitioner, are liable to be quashed.

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In the result, this Crl.M.C. is allowed and Annexure-A Final Report and all further proceedings in C.P.No.39 of 2017 of the Judicial First Class Magistrate Court-1, Perambra, which has arisen from Crime No.245 of 2017 of the Perambra Police Station, as against the petitioner, 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

Rohith v. State of Kerala

Case brief

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Rohith v. State of Kerala

Case brief

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