Allowed

K.J.Manu v. State of Kerala

Kerala HC1 Nov 2018Crl.MC/5456/2018

Case brief

AI extract

What is this about?

This order allows a criminal miscellaneous petition seeking quashing of proceedings under Section 482 CrPC. The court accepted affidavits from respondents stating the inter-party dispute was resolved and granted the prayer to quash the entire case pending before the Magistrate Court.

What did the court decide?

Entire criminal proceedings in CC.No.1876 of 2016 arising from Crime No.1743 of 2013 against the petitioners are quashed.

K.J.Manu 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 SUNIL THOMAS

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THURSDAY ,THE 01ST DAY OF NOVEMBER 2018 / 10TH KARTHIKA, 1940

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Crl.MC.No. 5456 of 2018

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PENDING AS CC 1876/2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, RANNI

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CRIME NO,1743 OF 2013 OF PATHANAMTHITTA POLICE STATION

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PETITIONERS/ACCUSED 1-3:

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1 K.J.MANU, AGED 47 YEARS, S/O.JANARDHANAN NAIR, PLAVUMILKUNNATHI HOUSE,VAZHA MOTTOM MURI,OOMALLOR VILLAGE

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2 ARUN, AGED 32 YEARS, S/O. PEETHABARAN, PORIYOOTHIL HOUSE, PRAMDAOM MURI, PRMADOM VILLAGE, PATHANAMTHITTA DISTRICT

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3 ASHOK KUMAR, AGED 38 YEARS, S/O. PRABHAKARAN, SUPRABHALAYAM THIRUMOOLAPURAM, ERAVALLIPRA MURI, THIRUVALLA, PATHANAMTHITTA DISTRICT.

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BY ADV. K.N.RADHAKRISHNAN

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RESPONDENTS/STAT & DEFACTO COMPLAINANT/AGGRIEVED PARTY:

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1 STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, PATHANAMTHITTA, THROUGH THE GOVERNMENT PLEADER, HIGH COURT OF KERALA

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2 VENUGOPAL, AGED 51 YEARS, CHERUVALLIL HOUSE, AIMALY MURI, OMALLUR VILLAGE, OMALLUR P.O.

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3 JUBIN A VARGHESE, AGED 28 YEARS AYYANI PARAMBIL HOUSE, PERINGAMALA, VETTIPURAM MURI, PATHANAMTHITTA.

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R2 & R3 SRI.R.KISHORE

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R1 BY PUBLIC PROSECUTOR SMT.SREEJA V

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 5456 of 2018

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O R D E R

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The petitioners herein are the accused in Crime No.1743 of 2013 of Pathanamthitta Police Station, for offences punishable under sections 419, 465, 468, 417, 201 read with section 34 of the Indian Penal Code and 118(d) and 120(o) of the Kerala Police Act.

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2. The allegation of the prosecution is that as directed by the first petitioner herein, the second petitioner with the knowledge of the third petitioner obtained a mobile sim card of vodaphone by using identity proof of CW2. Using the same, the petitioners abused the defacto complainant and thereby the petitioners committed the offences as alleged. Pursuant to the FIS laid, crime was registered and after investigation final report was laid. Cognizance

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was taken and the matter is now pending as CC.No.1876 of 2016 on the files of the Judicial First Class Magistrate Court, Ranni.

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3. Claiming that the dispute between the

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Crl.MC.No. 5456 of 2018

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parties have been completely resolved evidenced by Annexures-A2 and A3 affidavits affirmed by the respondents 2 and 3, the petitioners sought

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to quash the proceedings. The learned Public Prosecutor on instructions submitted that the dispute has been resolved and the parties have no surviving grievance. Having considered this, I am inclined to invoke the jurisdiction under section 482 Cr.P.C to quash the entire criminal proceedings.

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Crl.M.C is allowed. All further proceedings

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in CC.No.1876 of 2016 on the files of the Judicial First Class Magistrate Court, Ranni, arising from Crime No.1743 of 2013 of

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Pathanamthitta Police Station as against the petitioners herein stand quashed.

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Sd/-

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SUNIL THOMAS, JUDGE

R.AV

//True Copy//

PA to Judge

Crl.MC.No. 5456 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE P1 THE COPY OF FIR AND FINAL REPORT IN CRIME NO. 1734 OF 2013 OF THE PATHANAMTHITTA POLICE STATION

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ANNEXURE P2 AFFIDAVIT SWORN BY THE SECOND RESPONDENT DATED 5.4.2018

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ANNEXURE P3 AFFIDAVIT SWORN BY THE THIRD

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RESPONDENT DATED 5.4.2018

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RESPONDENT'S/S EXHIBITS NIL

K.J.Manu v. State of Kerala

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K.J.Manu v. State of Kerala

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