Allowed

Vishnu Prakash. P v. Nandagopan. a

Kerala HC25 Sept 2018Crl.MC/5746/2018

Case brief

AI extract

What is this about?

The High Court allowed a criminal miscellaneous petition under Section 482 CrPC seeking quashing of criminal proceedings. The court accepted affidavits from victims confirming settlement and found no public interest involved, leading to the quashing of the trial.

What did the court decide?

The proceedings in C.C.No. 1169 of 2018 on the files of the Judicial Magistrate of First Class-II, Kannur are quashed. If any material objects have been produced in this case, the trial court may pass

Vishnu Prakash. P Vs Nandagopan. a — 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 K.ABRAHAM MATHEW

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TUESDAY ,THE 25TH DAY OF SEPTEMBER 2018 / 3RD ASWINA, 1940

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Crl.MC.No. 5746 of 2018

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CC 2189/2016 of JUDICIAL MAGISTRATE OF FIRST CLASS -II, KANNUR CRIME NO. 671/2014 OF Kannur City Police Station , Kannur

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PETITIONER/ACCUSED :-

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VISHNU PRAKASH. P S/O JAYAPRAKASH, AGED 25 YEARS,AUTO DRIVER,PATTANICHI HOUSE,THAYYIL,KANNUR

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BY ADV. SRI.K.RAJESH SUKUMARAN

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RESPONDENT/STATE & DEFACTO-COMPLAINANT :-

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1 NANDAGOPAN. A S/O MUKUNDAN AGED 30 YEARS,AMBADI HOUSE,THAYYIL, KANNUR - 670 002.

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2 SAROSH V.C S/O SANTHOSH AGED 24 YEARS, AISWARYA NIVAS, THAYYIL, KANNUR - 670 002.

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3 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM - 682 031

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R3 BY SRI.C.S.HRITHWIK SR PUBLIC PROSECUTOR R1 & R2 BY ADV.SRI.R.SREEHARI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.09.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 5746 of 2018

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O R D E R

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Petition filed under section 482 Cr.P.C.

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2. Petitioner was the third accused in C.C.No. 1620 of 2014 on the file of the Judicial Magistrate of

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First Class-II, Kannur. He and the co-accused allegedly committed the offences under sections 143, 147, 148, 323 and 324 r/w section 149 IPC. As he was absconding only the others were tried. They were acquitted. Respondents 1 and 2 are the victims. The petitioner surrendered and his case is now pending as C.C.No. 1169 of 2018. It is submitted that the matter

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has been settled and the proceedings in the trial court may be quashed.

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3. I have perused the affidavits filed by the respondents 1 and 2, who have entered appearance through counsel. I am satisfied that the matter has been settled and no public interest is involved in this case. There is no impediment for granting the prayer of the petitioner.

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In the result, this Crl.M.C is allowed. The

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Crl.MC.No. 5746 of 2018

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proceedings in C.C.No. 1169 of 2018 on the files of the Judicial Magistrate of First Class-II, Kannur are quashed. If any material objects have been produced in this case, the trial court may pass appropriate orders for their disposal.

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K.ABRAHAM MATHEW, JUDGE

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Crl.MC.No. 5746 of 2018

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APPENDIX

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PETITIONER(S)' ANNEXURES :-

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ANNEXURE P1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT CRIME NO 671/2014 OF KANNUR CITY POLICE STATION. ANNEXURE P2 CERTIFIED COPY OF THE FINAL REPORT FILED IN CRIME NO 671/2014 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT NO.11,KANNUR. ANNEXURE P3 AFFIDAVIT OF THE 1ST RESPONDENT,DEFACTOCOMPLAINANT ANNEXURE P4 AFFIDAVIT OF THE 1ST RESPONDENT, INJURED

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RESPONDENT(S) ANNEXURES :- NIL

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//TRUE COPY//

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PA TO JUDGE

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SMA

Vishnu Prakash. P v. Nandagopan. a

Case brief

What is this about?

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Vishnu Prakash. P v. Nandagopan. a

Case brief

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