Allowed

Ajith Lal V.P. v. State of Kerala

Kerala HC21 Feb 2018Crl.MC/842/2018

Case brief

AI extract

What is this about?

This criminal miscellaneous petition was allowed on the ground that the underlying matter had been amicably settled between the accused petitioners and the respondent. The court held that proceeding with the trial served no purpose, leading to the quashing of further criminal proceedings.

What did the court decide?

Crl.M.C. No. 842 of 2018 was allowed and all further proceedings in Crime No. 276/2014 were quashed.

Ajith Lal V.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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WEDNESDAY, THE 21ST DAY OF FEBRUARY 2018 / 2ND PHALGUNA, 1939

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Crl.MC.No. 842 of 2018

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CC 115/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,KUNNAMANGALAM

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CRIME NO. 276/2014 OF MEDICAL COLLEGE POLICE STATION , KOZHIKODE

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PETITIONER(S)/ACCUSED:

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1 AJITH LAL V.P., AGED 23 YEARS, S/O PRASAD, VETTATHAYIL HOUSE, THALAYAD POST, UNNIKULAM, KOZHIKODE, KERALA - 673574. 2 JIBIN GEORGE, AGED 25 YEARS, S/O GEORGE FRANCIS, ANIKKAL HOUSE, THALAYAD POST, KOZHIKODE, KERALA - 673574.

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BY ADV.KUM.M.JINSY RAM

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RESPONDENT(S)/STATE:

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

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2. ABBAS.M.C., AGED 33 YEARS, S/O M.C.KOYA, CHERIYALLAPRA HOUSE, IRINGALLOOR, GURUVAYOORAPPAN COLLEGE POST, KOZHIKODE DISTRICT - 673014, KERALA.

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R1 BY PUBLIC PROSECUTOR SRI.C.S.HRITWIK R2 BY ADV. SRI.BIJU.P.N.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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PBS

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Crl.MC.No. 842 of 2018 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE-A: THE CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.276/2014 OF MEDICAL COLLEGE POLICE STATION. ANNEXURE-B: THE CERTIFIED COPY OF THE FINAL REPORT IN CC.NO.115/2015 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT KUNNAMANGALAM. ANNEXURE-C: AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT.

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RESPONDENT'S ANNEXURE

NIL

/TRUE COPY/

PA TO JUDGE

PBS

B.KEMAL PASHA, J.

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Crl.M.C.No.842 of 2018

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Dated this the 21^st day of February, 2018

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ORDER

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Petitioners are accused in Crime No.276/2014 of the

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Medical College Police Station, Kozhikode, for the offences punishable under Sections 379 and 465 read with Section 34 of the Indian Penal Code.

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It seems that the matter has been amicably settled between the parties.

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On going through the facts and circumstances of the case, it seems that the matter can be permitted to be settled.

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No criminal antecedents have been reported against the petitioners. Respondent No.2 has filed affidavit as Annexure-C, affirming that the matter has been amicably settled between him and the petitioners and he 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 Crime No.276/2014 of the Medical College Police Station, Kozhikode, are liable to be quashed.

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Crl.M.C.No.842 of 2018

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In the result, this Crl.M.C. is allowed and all further proceedings in Crime No.276/2014 of the Medical College Police Station, Kozhikode, 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

Ajith Lal V.P. v. State of Kerala

Case brief

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Ajith Lal V.P. v. State of Kerala

Case brief

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