Allowed

Anu v. State of Kerala

Kerala HC7 Feb 2018Crl.MC/6831/2017

Case brief

AI extract

What is this about?

The High Court at Ernakulam allowed a criminal miscellaneous petition seeking quashing of criminal proceedings. The court found that the matter had been amicably settled between the petitioners (accused) and the defacto complainant, who confirmed no complaints remained. Consequently, the court quashed further proceedings in the lower court.

What did the court decide?

Quashed all further proceedings in C.C. No. 453/2016 of the Judicial First Class Magistrate's Court at Attingal against the petitioners.

Anu 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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WEDNESDAY, THE 7TH DAY OF FEBRUARY 2018 / 18TH MAGHA, 1939

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Crl.MC.No. 6831 of 2017

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----------------------CC 453/2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II,ATTINGAL CRIME NO. 129/2016 OF MANGALAPURAM POLICE STATION , THIRUVANANTHAPURAM

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

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PETITIONER(S)/ACCUSED 1 TO 4

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1 ANU, AGED 25 YEARS, S/O. AJAYAN, JOY VILASOM, APPOLLO COLOCY, PALLIPPURAM VILLAGE, THIRUVANANTHAPURAM DISTRICT

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2 ANEESH @ THANKU, AGED 23 YEARS, S/O. AJAYAN, JOY VILASOM, APPOLLO COLOCY, PALLIPPURAM VILLAGE, THIRUVANANTHAPURAM DISTRICT

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3 UNNI, AGED 20 YEARS, S/O. SIVASEELAN, APPOLLO COLOCY,PALLIPPURAM VILLAGE, THIRUVANANTHAPURAM DISTRICT

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4 MUKESH, AGED 24 YEARS, S/O. MURALI, SREEPADAM COLONY, PALLIPURAM VILLAGE, THIRUVANANTHAPURAM DISTRICT.

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BY ADV.SRI.P.ANOOP (MULAVANA)

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RESPONDENT(S)/STATE, DEFACTO COMPLAINANT.:

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.

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2. SHAIBU, AGED 27 YEARS, S/O. KRISHNAN, HOUSE NO. 419, APPOLO COLONY, KARICHARA, PALLIPPURAM VILLAGE, THIRUVANANTHAPURAM DISTRICT-695 001.

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R1 BY PUBLIC PROSECUTOR SRI ALEX M THOMBRA R2 BY ADV. SMT.K.S.SAMEERA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.V.

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Crl.MC.No. 6831 of 2017 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE A1 TRUE COPY OF THE FINAL REPORT IN CC 453/2016 OF THE JFMC-11, ATTINGAL.

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ANNEXURE A2 TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT.

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RESPONDENTS ANNEXURES: NIL

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/TRUE COPY/

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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. 6831 of 2017

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............................................................... Dated this the 7^th day of February, 2018

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O R D E R

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Petitioners are accused Nos.1 to 4 in C.C.No.453/2016 of the Judicial First Class Magistrate's Court-11, Attingal, which has arisen from Crime No.129/2016 of the Mangalapuram Police Station, Thiruvananthapuram, registered for the offences punishable under Sections 323, 324 and 341 read with Section 34 of the Indian Penal Code.

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It seems that the matter has been amicably settled between the petitioners and the defacto complainant, who is the 2^nd respondent herein.

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The 2^nd respondent has filed Annexure A2 affidavit affirming that the matter has been amicably settled between him and the petitioners and presently, he has no

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CRL.M.C.No. 6831 of 2017

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-: 2 :-

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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 C.C.No.453/2016 of the Judicial First Class Magistrate's Court-11, Attingal, as against the petitioners, based on Annexure A1 Final Report in Crime No.129/2016 of the Mangalapuram Police Station, Thiruvananthapuram, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.453/2016 of the Judicial First Class Magistrate's Court-11, Attingal, as against the petitioners, based on Annexure A1 Final Report in Crime No.129/2016 of the Mangalapuram Police Station, Thiruvananthapuram, are hereby quashed.

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B. KEMAL PASHA, JUDGE.

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ul/-

Anu v. State of Kerala

Case brief

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What did the court decide?

Anu v. State of Kerala

Case brief

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