Allowed

Ramesh Kumar v. State of Kerala

Kerala HC16 Jan 2018Crl.MC/61/2018

Case brief

AI extract

What is this about?

On the petitioner's petition, the High Court of Kerala held that since the matter was amicably settled between the petitioner and the de facto complainant, no purpose would be served by continuing the trial and accordingly quashed all further proceedings.

What did the court decide?

All further proceedings in C.C. No. 500/2017 of the Judicial First Class Magistrate's Court-II, Palakkad, were quashed.

Ramesh Kumar 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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TUESDAY, THE 16TH DAY OF JANUARY 2018 / 26TH POUSHA, 1939

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Crl.MC.No. 61 of 2018

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---------------------CC 1514/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KALAMASSERY CRIME NO. 1747/2013 OF KALAMASSERY POLICE STATION , ERNAKULAM

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---------

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PETITIONER/ACCUSED

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RAMESH KUMAR, AGED 51 YEARS, S/O. VISWANATHA PAI, KATTITHARA HOUSE, NEAR SCHOOLPADY, KUMBALAM P.O., KOCHI.

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BY ADV.SRI.JAISON JOSEPH

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RESPONDENT(S)/STATE AND DE-FACTO COMPLAINANT :

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE

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KALAMASSERY POLICE STATION.

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2. XAVIERKUTTY, AGED 48 YEARS, S/O. JAMES, PUTHETH HOUSE, BALAKRISHNA MENON ROAD, CHUTTUPADUKARA, EDAPPALLY NORTH VILLAGE, ERNAKULAM DISTRICT, KERALA STATE.682024.

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3. SUDHEER P. A.,

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AGED 37 YEARS, S/O. ABDUL KHADER, CHALAKKAL HOUSE, PONJASSERY P.O., ARAKKAPPADY VILLAGE.683547.

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R1 BY PUBLIC PROSECUTOR SRI ALEX M THOMBRA R2,R3 BY ADV. SRI.C.P.TENNY

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.V.

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Crl.MC.No. 61 of 2018 ()

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PETITIONER(S)' EXHIBITS

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----------------------ANNEXURE A1 CERTIFIED COPY OF THE F. I. R. ALONG WITH THE F. I. STATEMENT IN CRIME NO. 1747/2013 OF KALAMASSERY POLICE STATION. ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT/ CHARGE SHEET IN C. C. NO. 1514/2015 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT KALAMASSERY. ANNEXURE A3 AFFIDAVIT FILED BY RESPONDENT NO.2. ANNEXURE A4 AFFIDAVIT FILED BY RESPONDENT NO. 3. RESPONDENTS EXHIBITS: NIL --------------------/TRUE COPY/ K.V. P.S.TO JUDGE

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B. KEMAL PASHA, J.

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................................................................ CRL.M.C. No. 61 of 2018

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............................................................... Dated this the 16^th day of January, 2018

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O R D E R

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Petitioner is the accused in C.C.1514/2017 of the Judicial First Class Magistrate's Court-II, Palakkad in Crime No.188/2017 of the Kongadu Police Station, registered for the offences punishable under Sections 454 and 380 of the Indian Penal Code.

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It seems that the matter has been amicably settled between the petitioner and the defacto complainant, who is the 3^rd respondent herein.

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The 3^rd respondent has filed Annexure-C affidavit affirming that the matter has been amicably settled between her and the petitioner and presently, she has no complaints against the petitioner.

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Considering the fact that the matter has already

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been settled amicably between the parties, this Court is

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CRL.M.C.No. 68 of 2018

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-: 2 :-

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satisfied that no purpose would be served in proceeding with the trial of the case. Matters being so, all further proceedings in C.C.500/2017 of the Judicial First Class Magistrate's Court-II, Palakkad, which has arisen from Crime No.188/2017 of the Kongadu Police Station, 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.500/2017 of the Judicial First Class Magistrate's Court-II, Palakkad, which has arisen from Crime No.188/2017 of the Kongadu Police Station, are hereby quashed.

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Sd/- B. KEMAL PASHA, JUDGE.

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ul/-

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[True copy]

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P.S. to Judge.

Ramesh Kumar v. State of Kerala

Case brief

What is this about?

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Ramesh Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

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