Allowed

Lanesh v. State of Kerala

Kerala HC5 Feb 2018Crl.MC/458/2018

Case brief

AI extract

What is this about?

The High Court quashed criminal proceedings against an accused in a settlement case. Observing that the matter was amicably settled between the accused and injured parties, who filed affidavits confirming no further complaints, the court held that proceeding further would serve no purpose. The special leave petition was allowed and proceedings quashed.

What did the court decide?

All further proceedings in CC No. 32/2011 against the petitioner are quashed.

Lanesh 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 5TH DAY OF FEBRUARY 2018 / 16TH MAGHA, 1939

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Crl.MC.No. 458 of 2018

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C.C.NO. 32/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT- I, NORTH PARAVUR, ERNAKULAM DISTRICT

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CRIME NO. 211/2009 OF VADAKKEKARA POLICE STATION

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PETITIONER(S)/ACCUSED NO.8

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LANESH, S/O.LENIN, AGED 30 YEARS, MOOPPASERRY (H), POOCHAPILLY BHAGAM, VADAKKEKARA VILLAGE, N.PARAVOOR TALUK, ERNAKULAM.

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BY ADVS.SRI.M.VIVEK

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SRI.U.H.SUREESH

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RESPONDENT(S)/STATE AND COMPLAINANTS (INJURED):

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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. SHAMIN,

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AGED 35 YEARS, S/O.MOHANAN, MUTHANDASERRY (H), NEAR VILLAGE OFFICE, CHITTATUKARA KARA, VADAKKEKARA VILLAGE, NORTH PARUR TALUK, ERNAKULAM DISTRICT, PIN-683 522.

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3. SANAL KUMAR,

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AGED 34 YEARS, S/O.REGHUVARAN, CHATHAMTHARAYIL (H), POOYAPILLY KARA, VADAKKEKARA VILLAGE, NORTH PARUR TALUK, ERNAKULAM DISTRICT, PIN-683 522.

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4. VINEESH, AGED 39 YEARS, S/O.SADANANDAN, MATHALI (H), BEHIND KALARIKAL TEMPLE, CHITTATUKARA KARA, VADAKKEKARA VILLAGE, NORTH PARUR TALUK, ERNAKULAM DISTRICT, PIN-683 522.

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5. SAJITH, AGED 28 YEARS, S/O.SALI, MATHALI (H), EAST OF KALARIKAL TEMPLE, CHITTATUKARA KARA, VADAKKEKARA VILLAGE, NORTH PARUR TALUK, ERNAKULAM DISTRICT, PIN-683 522.

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..2/-

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..2..

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Crl.MC.No. 458 of 2018

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6. ARUNDEV,

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AGED 28 YEARS, S/O.ASHOKAN, KALATHIL (H),

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SOUTH OF KALARIKAL TEMPLE, CHITTATUKARA KARA,

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VADAKKEKARA VILLAGE, NORTH PARUR TALUK,

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ERNAKULAM DISTRICT, PIN-683 522.

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7. VARUN,

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AGED 28 YEARS, S/O.VATHSAN, THALIYAPURATHU (H),

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EAST OF KALARIKAL TEMPLE, CHITTATUKARA KARA,

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VADAKKEKARA VILLAGE, NORTH PARUR TALUK,

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ERNAKULAM DISTRICT, PIN-683 522.

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8. ANEESH,

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AGED 37 YEARS, S/O.CHELLAPPAN, KANACHENGATTU (H), CHITTATUKARA KARA, VADAKKEKARA VILLAGE, NORTH PARUR

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TALUK, ERNAKULAM DISTRICT, PIN-683 522.

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9. SHYJU,

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AGED 31 YEARS, S/O.BABU, KALATHINGAL (H),

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VADAKKEKARA KARA, VADAKKEKARA VILLAGE, NORTH PARUR

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TALUK, ERNAKULAM DISTRICT, PIN-683 522.

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R1 BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK

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R2 TO R9 BY ADV. SRI.M.R.MADHU

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Msd.

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Crl.MC.No. 458 of 2018

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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ANNEXURE A	CERTIFIED CRIME NO.2	COPY 11/09	OF CHARGE SHEET/FINAL REPORT IN OF VADAKEKARA POLICE STATION.
ANNEXURE B	CERTIFIED	COPY	OF COURT CHARGE.
ANNEXURE C	TRUE COPY	OF DE	POSIT OF PW1 DATED 30-01-2017.
ANNEXURE D	TRUE COPY	OF DE	POSIT OF PW2 DATED 22-06-2017.
ANNEXURE E	TRUE COPY	OF DE	POSIT OF PW3 DATED 22-06-2017.
ANNEXURE F	AFFIDAVIT	DATED	11-01-2018 SWORN BY RESPONDENT NO.2.
ANNEXURE G	AFFIDAVIT	DATED	11-01-2018 SWORN BY RESPONDENT NO.3.
ANNEXURE H	AFFIDAVIT	DATED	11-01-2018 SWORN BY RESPONDENT NO.4.
ANNEXURE I	AFFIDAVIT	DATED	11-01-2018 SWORN BY RESPONDENT NO.5.
ANNEXURE J	AFFIDAVIT	DATED	11-01-2018 SWORN BY RESPONDENT NO.6.
ANNEXURE K	AFFIDAVIT	DATED	11-01-2018 SWORN BY RESPONDENT NO.7.
ANNEXURE L	AFFIDAVIT	DATED	11-01-2018 SWORN BY RESPONDENT NO.8.
ANNEXURE M	AFFIDAVIT	DATED	11-01-2018 SWORN BY RESPONDENT NO.9.

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RESPONDENT(S)' ANNEXURES :

NIL

//TRUE COPY//

P.S.TO JUDGE

Msd.

B. KEMAL PASHA, J.

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Crl.M.C. No.458 of 2018

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Dated this the 5^th day of February, 2018

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O R D E R

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~ ~ ~ ~ ~ ~

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Petitioner is the accused in CC No.32/2011 of the

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Judicial First Class Magistrate's Court-I, North Paravur, which has arisen from Crime No.211/2009 of Vadakkekkara Police Station for the offences punishable under Sections 143, 147, 148, 323, 324 and 327 read with Section 149 IPC.

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It seems that the matter has been amicably settled between the petitioner and the de facto complainant, who is the 2^nd respondent herein. Respondents 3 to 9 are the other injured.

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Respondents 2 to 9 have filed Annexures-F to M affidavits respectively, affirming that the matter has been amicably settled between them and the petitioner and presently, they have no complaints against the petitioner. When the matter has been amicably settled between the

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Crl.M.C.458/2018

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: 2 :

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parties, no purpose would be served in proceeding with the matter further. Matters being so, all further proceedings against the petitioners in CC No.32/2011 of the Judicial First Class Magistrate's Court-I, North Paravur, which has arisen from Crime No.211/2009 of Vadakkekkara Police Station, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings against the petitioners in CC No.32/2011 of the Judicial First Class Magistrate's Court-I, North Paravur, which has arisen from Crime No.211/2009 of Vadakkekkara Police Station, are quashed.

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Sd/- B.KEMAL PASHA, JUDGE

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aks/05/02

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// True Copy //

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PS to Judge

Lanesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Lanesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

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