Allowed

Sujith.P.S v. the State of Kerala

Kerala HC6 Feb 2018Crl.MC/475/2018

Case brief

AI extract

What is this about?

The Kerala High Court allowed a criminal miscellaneous petition and quashed criminal proceedings. The court accepted an affidavit of settlement filed by the complainant, found no criminal antecedents for the accused, and held the trial served no purpose given the amicable settlement. The case involved offences under Sections 341, 323, and 294(b) IPC.

What did the court decide?

All further proceedings in the under-lying criminal case (C.C.No.710/2017) against the petitioners are quashed.

Sujith.P.S Vs the 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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TUESDAY, THE 6TH DAY OF FEBRUARY 2018 / 17TH MAGHA, 1939

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Crl.MC.No. 475 of 2018

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CC.710/2017 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, THRISSUR CRIME NO.216/2017 OF NEDUPUZHA POLICE STATION, TRISSUR

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PETITIONERS/ACCUSED NO'S 1 TO 4:

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1 SUJITH P.S., AGED 26, S/O SIVAN, PUTHERY HOUSE, GALAXY ROAD, HOUSE NO-1, KANIMANGALAM, THRISSUR.

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2 AKASH V.S., AGED 22, S/O.SHAJI, VATHIYEDATH HOUSE, KASTHURBHA ROAD, NEDUPUZHA DESOM, KANIMANGALAM, THRISSUR.

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3 VAISAKH GOINATHAN,

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AGED 22, S/O.GOPINATHAN, VELIYANNOOR HOUSE, KASTHURBHA ROAD, NEDUPUZHA DESOM, KANIMANGALAM, THRISSUR.

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4 ABHIJITH M.C., AGED 22, S/O.CHANDRAN, MANAMKUZHI HOUSE, NEDUPUZHA PANAMUKKU DESOM, KANIMANGALAM VILLAGE, THRISSUR.

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BY ADV.SRI.K.R.ARUN KRISHNAN

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RESPONDENTS/STATE OF KERALA & DE FACTO COMPLAINANT:

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1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NEDUPUZHA STATION, THRISSUR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM - 682 031.

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2. DELSON, AGED 24, S/O.SURESH, KOTTIYATTIL HOUSE, NEDUPUZHA DESOM, KANIMANGALAM VILLAGE,THRISSUR DISTRICT - 680 001.

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R1 BY PUBLIC PROSECUTOR SRI.ALEX M. THOMBRA R2 BY ADV. SRI.N.L.BITTO

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 475 of 2018

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE A1. CERTIFIED COPY OF FIR IN CRIME NO.216 OF 2017 OF NEDUPUZHA POLICE STATION DATED 11.02.2017.

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ANNEXURE A2. CERTIFIED COPY OF THE FINAL REPORT IN CC NO.710 OF 2017 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, NO-II THRISSUR DATED 04.03.2017.

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ANNEXURE A3. THE AFFIDAVIT OF SETTLEMENT SWORN BY THE DE FACTO COMPLAINANT/ 2ND RESPONDENT HEREIN DATED 30.12.2017.

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RESPONDENT(S)' ANNEXURE

NIL

TRUE COPY

P.S. TO JUDGE

B. KEMAL PASHA, J.

Crl.M.C.No.475 of 2018

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Dated this the 6^th day of February, 2018

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O R D E R

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Petitioners are accused Nos.1 to 4 in

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C.C.No.710/2017 of Judicial First Class Magistrate's Court-II, Thrissur, which has arisen from Crime No.216/2017 of the Nedupuzha Police Station, registered for the offences punishable under Sections 341, 323 and 294(b) of the Indian Penal Code.

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It seems that the matter has been amicably

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settled between the parties.

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On going through the facts and circumstances

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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. The 2^nd respondent has filed Annexure-A3 affidavit affirming that the matter has been amicably settled between him and the petitioners and he has no complaints against the petitioners. Considering the fact that the matter has already been settled amicably between the

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Crl.M.C.No.475 of 2018

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parties, this court is satisfied that no purpose would be served in proceeding with the trial of the case. Matters being so, all further proceedings in C.C.No.710/2017 of Judicial First Class Magistrate's Court-II, Thrissur, which has arisen from Crime No.216/2017 of the Nedupuzha Police Station against the petitioners, are liable to be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.710/2017 of Judicial First Class Magistrate's Court-II, Thrissur, which has arisen from Crime No.216/2017 of the Nedupuzha Police Station against the petitioners, are hereby quashed.

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Sd/B. KEMAL PASHA, JUDGE.

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Sujith.P.S v. the State of Kerala

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Sujith.P.S v. the State of Kerala

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