Allowed

Vinodh v. State of Kerala

Kerala HC6 Feb 2018Crl.MC/480/2018

Case brief

AI extract

What is this about?

The bench allowed the criminal miscellaneous petition and quashed further proceedings against the petitioners in the session court. The court held that since the matter was amicably settled and no serious injuries existed, no purpose would be served in continuing the trial.

What did the court decide?

All further proceedings against the petitioners in S.C.No.296/2016 in the District and Sessions Court, Kasaragod, arising from Crime No.142/2015, are quashed.

Vinodh 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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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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S.C NO.296 OF 2016 OF DISTRICT & SESSIONS COURT, KASARAGOD CRIME NO. 142/2015 OF BEKKAL POLICE STATION , KASARAGOD

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-----------

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PETITIONER(S)/ACCUSED

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1 VINODH K, AGED 31 YEARS S/O NARAYANAN, KOTTAKANI, KEEKKAN VILLAGE, KASRAGOD DISTRICT-671 316

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2 SURESH C, AGED 34 YEARS, S/O DAMODHARAN, "CHAPPAKKANAM HOUSE", KOOTTAKKANI, KEEKKAN VILLAGE, KASARAGOD DISTRICT-671 316.

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3 SAJITH T, AGED 31 YEARS, S/O KRISHNAN M, "THOKKANAM HOUSE", PALLIKKARA VILLAGE, KASARAGOD DISTRICT-671 318

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4 THAJESH M, AGED 30 YEARS, S/O THAMAN, "MOTTAMMAL HOUSE", KEEKKAN VILLAGE, KASARAGOD DISTRICT-671 316 5 RAJAN M, AGED 45 YEARS, S/O NARAYANAN,, "MOTTAMMAL HOUSE", KEEKKAN VILLAGE, KASARAGOD DISTRICT-671 316. 6 SANDEEP P, AGED 27 YEARS, S/O NARAYANAN, POOTHOD HOUSE, PALLIPPUZHA, KEEKKAN VILLAGE, KASARAGOD DISTRICT-671 316.

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7 SREEJITH, AGED 34 YEARS, S/O NARAYANI, THOTTI, KIZHAKKEKARA, NEAR AYYAPPA BHAJAN MANDAPAM, KASARAGOD DISTRICT-671 316.

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BY ADV.SRI.P.K.SUBHASH

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Crl.MC.No. 480 of 2018 ()

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RESPONDENT(S)/STATE:

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,

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HIGH COURT OF KERALA,

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ERNAKULAM-682 031.

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2. VIJESH,

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AGED 22 YEARS, S/O GOPI,

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MOTTAMMEL HOUSE, PALLIPPUZHA,

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KEEKKAN VILALGE, KASARAGOD DISTRICT-671 316.

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R1 BY PUBLIC PROSECUTOR SRI C.S.HRITHWICK

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R2 BY ADV. SMT.S.ANU

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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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K.V.

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Crl.MC.No. 480 of 2018 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE AI CERTIFIED COPY OF THE FIR IN CRIME NO. 142 OF 2015 OF BEKKAL POLICE STATION.

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ANNEXURE AII CERTIFIED COPY OF THE FINAL REPORT.

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ANNEXURE AIII A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE RESPONDENT NO 2 ENDORSING THE FACTUM OF COMPOUNDING OF THE SAID OFFENCES AND THE SETTLEMENT OF THE DISPUTES.

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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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Crl.M.C.No.480 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 the accused in S.C.No.296/2016 of the District and Sessions Court, Kasaragod, which has arisen from Crime No.142/2015 of Bekal Police Station, for the offences punishable under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 IPC.

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It seems that the matter has been amicably settled between the parties.

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On going through the matter, this Court is satisfied that there are no ingredients to invite an offence under Section 308 IPC in the matter. Apart from some abrasions, no other serious injuries are there on the injured. All the cases relating to the matter were settled. The 2^nd respondent has filed affidavit as Annexure-AIII, affirming that the matter has been amicably settled between him and the petitioners and he has no complaints against the petitioners.

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When the matter has been amicably settled

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Crl.M.C.No.480 of 2018 2

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between the parties, no purpose would be served in proceeding with the matter any further. Matters being so, all further proceedings against the petitioners in S.C.No.296/2016 of the District and Sessions Court, Kasaragod, which has arisen from Crime No.142/2015 of Bekal 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 S.C.No.296/2016 of the District and Sessions Court, Kasaragod, which has arisen from Crime No.142/2015 of Bekal Police Station, are quashed.

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Sd/B. KEMAL PASHA, JUDGE.

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Vinodh v. State of Kerala

Case brief

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Vinodh v. State of Kerala

Case brief

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