Allowed

Sanal v. State of Kerala

Kerala HC1 Feb 2018Crl.MC/470/2018

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition. The court quashed the final report and further proceedings in a criminal case where the offences were allegedly settled amicably between the petitioners (accused) and the complainants, noting no criminal antecedents.

What did the court decide?

The Final Report (Annexure-A) and all further proceedings in C.C.No.480 of 2013 against the petitioners were quashed.

Sanal Vs State of Kerala — Writ and Judicial Review | 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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THURSDAY, THE 1ST DAY OF FEBRUARY 2018 / 12TH MAGHA, 1939

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Crl.MC.No. 470 of 2018

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CC 480/2013OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PATHANAMTHITTA

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CR NO. 876/2013 OF KOIPURAM POLICE STATION , PATHANAMTITTA

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PETITIONERS/ACCUSED NO 1 TO 3

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1 SANAL @ MACHU, AGED 29 YEARS,S/O MOHANAN NAIR,SHASTHAMPURATHU VEEDU, PURAYIDAMKAVU,PULLADU MURI,KOIPURAM VILLAGE, THIRUVALLA TALUK,PATHANAMTHITTA DISTRICT.

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2 ARUN @ MURUKAN, AGED 27 YEARS,S/O.RAMACHANDRAN NAIR,EDATHARAMANIIL VEEDU,

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CHARAPURACKKAL,PULLADU MURI,KOIPURAM VILLAGE, THIRUVALLA TALUK,PATHANAMTHITTA DISTRICT.

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3 SREEKANTH, AGED 31 YEARS,S/O NARAYANA PILLAI,SREERANGATHU HOUSE, CHARUARACKKAL,PULLADU MURI,KOIPURAM VILLAGE, THIRUVALLA TALUK,PATHANAMTHITTA DISTRICT.

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BY ADV.SRI.UNNI SEBASTIAN KAPPEN

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RESPONDENTS/STATE/DEFACTO-COMPLAINANT(CW1),CW2 & CW3:

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

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Crl.MC.No. 470 of 2018

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2. SUDHEESH, AGED 26 YEARS,S/O.THANKACHAN,CHERUVALLIPARA VEEDU, AALUMTHARA,PULLADU MURI,KOIPURAM VILLAGE,THIRUVALLA TALUK,

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PATHANAMTHITTA DISTRICT-689531.

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3. SUBHASH, AGED 29 YEARS,S/O.THANKACHAN,CHERUVALLIPARA VEEDU, AALUMTHARA,PULLADU MURI,KOIPURAM VILLAGE,THIRUVALLA TALUK,

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PATHANAMTHITTA DISTRICT-689531.

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4. SARATH, AGED 23 YEARS,S/O SASI,AALUMTHARA LEKSHAM VEEDU, AALUMTHARA,PULLADU MURI,KOIPURAM VILLAGE, THIRUVALLA TALUK,PATHANAMTHITTA DISTRICT-689531.

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R1 BY PUBLIC PROSECUTOR SRI.C.S. HRITHWIK

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R2-R4 BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sdr/-

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Crl.MC.No. 470 of 2018

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			APPENDIX ------------
PETITIONE ---------	R(S)' ------	ANNEXURES -------------
ANNEXURE	A	CERTIFIED NO:480/201 JUDICIAL II,PATHANA KOIPURAM DISTRICT.	COPY OF THE FINAL RE 3 ON THE FILE OF THE FIRST CLASS MTHITTA IN CRIME POLICE STATION	PORT IN CC COURT OF THE MAGISTRATE- NO.876/2013 OF PATHANAMTHITTA
ANNEXURE	B	AFFIDAVIT RESPONDENT	SWORN TO BY THE 2ND /DEFACTO-COMPLAINANT
ANNEXURE	C	AFFIDAVIT	SWORN TO BY THE 3RD	RESPONDENT/CW2
ANNEXURE	D	AFFIDAVIT	SWORN TO BY THE 4TH	RESPONDENT/CW3.
RESPONDEN ---------	TS ANN ------	EXURES ---------	NIL
			/TRUE	COPY/
			PA TO	JUDGE
sdr/-

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B.KEMAL PASHA, J.

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

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Crl.M.C.No.470 of 2018

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

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Dated this the 1^st day of February, 2018

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O R D E R

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Petitioners are accused 1 to 3 in C.C.No.480

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of 2013 of the Judicial First Class Magistrate’s Court-II, Pathanamthitta, which has arisen from Crime No.876 of 2013

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of the Koipuram Police Station, registered for the offences punishable under Sections 324 and 323 IPC read with Section 34 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 petitioners. The defacto complainant and the other affected persons have filed Annexure-B to Annexure-D affidavits affirming that the matter has been amicably settled between them and the petitioners and they have no complaints against the petitioners.

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Crl.M.C.No.470 of 2018 2

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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.C.No.480 of 2013 of the Judicial First Class Magistrate’s Court-II, Pathanamthitta, which has arisen from Crime No.876 of 2013 of the Koipuram Police Station, as against the petitioners, 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.C.No.480 of 2013 of the Judicial First Class Magistrate’s Court-II, Pathanamthitta, which has arisen from Crime No.876 of 2013 of the Koipuram Police Station, as against the petitioners, are hereby quashed.

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Sd/-

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B.KEMAL PASHA JUDGE

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DSV/2/2/18

Sanal v. State of Kerala

Case brief

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Sanal v. State of Kerala

Case brief

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