Allowed

Rajeevan P. v. State of Kerala

Kerala HC19 Feb 2018Crl.MC/573/2018

Case brief

AI extract

What is this about?

This judgment quashes criminal proceedings against the petitioners in a case under Sections 143, 147, 452, 323 and 436 read with Section 149 IPC. The court noted the acquittal of other accused and a settlement between the private complainant and petitioners, finding no purpose in proceeding with the trial.

What did the court decide?

All further proceedings in L.P.C.No.62 of 2005 against the petitioners in Crime No.276 of 2001 are quashed.

Rajeevan P. 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 19TH DAY OF FEBRUARY 2018 / 30TH MAGHA, 1939

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Crl.MC.No. 573 of 2018

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----------------------LPC 62/2005 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II,HOSDURG CRIME NO. 276/2001 OF BEKAL POLICE STATION, KASARAGOD

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-----------

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PETITIONER(S)/ACCUSED

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1 RAJEEVAN P,

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AGED 34 YEARS, S/O.KUNHAMBU NAIR,

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KOODATHIL HOUSE, MYLATTY.P.O., BARA VILLAGE, HOSDURG TALUK.

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2 SURESHKUMAR M,

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AGED 38 YEARS, S/O.KRISHNAN NAIR,

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CHEMBEN VALAPPIL HOUSE, MAILATTY.P.O.,

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BARA VILLAGE, HOSDURG TALUK.

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BY ADV.SRI.A.ARUNKUMAR

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RESPONDENT(S)/COMPLAINANT/STATE:

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1. STATE OF KERALA,

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REPRESENTED BY PUBLIC PROSECUTOR,

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HIGH COURT OF KERALA, ERNAKULAM.682 031.

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ADDL R2 IMPLEADED

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2. P.K.USHA, AGED 45 YEARS,

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W/O RAMESHAN,

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NHEKIL,BARA VILLAGE, HOSDURG TALUK.

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ADDL R2 IMPLEADED AS PER ORDER DATED 19.2.2018 IN IN CRLM.APPL NO.1677/2018.

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R1 BY PUBLIC PROSECUTOR SRI ALEX M THOMBRA

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R2 BY ADV. SRI.VIPIN T JOSE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.V.

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Crl.MC.No. 573 of 2018 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE AI A TRUE COPY OF THE F.I.S. IN CRIME NO.276 OF 2001 OF BEKAL POLICE STATION, KASARAGOD.
ANNEXURE AII A TRUE THE FINAL REPORT IN CRIME NO.276 OF 2001 OF BEKAL POLICE STATION, KASARAGOD.
ANNEXURE AIII A TRUE COPY OF THE JUDGMENT DATED 11.04.2005 IN S.C.NO.60 OF 2005 ON THE FILES OF ASSISTANT SESSIONS COURT, HOSDURG.
ANNEXURE IV A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE ADDITIONAL 2ND RESPONDENT.

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RESPONDENTS ANNEXURES: NIL

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----------------------

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/TRUE COPY/ K.V. P.S.TO JUDGE

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B.KEMAL PASHA, J.

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Crl.M.C.No.573 of 2018

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Dated this the 19^th day of February, 2018

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ORDER

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Petitioners were originally accused Nos.4 and 8 in Annexure-AII final report in Crime No.276 of 2001 of the Bekal Police Station, for the offences under Sections 143, 147, 452, 323 and 436 read with Section 149 of the IPC. The case against the other accused except the petitioners was committed to the Assistant Sessions Court, Hosdurg and the said accused faced trial in Sessions Case No.80 of 2005 before the Assistant Sessions Court, Hosdurg. It was a case in which there was no evidence at all and consequently all the said accused were acquitted under Section 232 of the Cr.P.C.

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Presently the case against the petitioners is pending as L.P.C.No.62 of 2005 before the Judicial First Class Magistrate's Court-II, Hosdurg. Over and above, the acquittal of the other accused under Section 232 of the Cr.P.C. through Annexure-AIII order of acquittal, presently the matter has been settled between the parties. PW.1 has filed AnnexureAIV affidavit affirming that the matter has been amicably

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Crl.M.C.No.573/2018

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settled between her and the petitioners and she has no complaints against the petitioners. 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, all further proceedings in L.P.C.No.62 of 2005 before the Judicial First Class Magistrate's Court-II, Hosdurg in Crime No.276 of 2001 of the Bekal 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 L.P.C.No.62 of 2005 before the Judicial First Class Magistrate's Court-II, Hosdurg in Crime No.276 of 2001 of the Bekal Police Station, against the petitioners, are hereby

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quashed.

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Sd/-

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B.KEMAL PASHA, JUDGE

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skj

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True copy

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P.A. to Judge

Rajeevan P. v. State of Kerala

Case brief

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Rajeevan P. v. State of Kerala

Case brief

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