Allowed

Vishnudas v. State of Kerala

Kerala HC21 Feb 2018Crl.MC/846/2018

Case brief

AI extract

What is this about?

Petitioners, accused in a criminal case for IPC offences involving a riot, approached the High Court seeking to quash trial proceedings. The Court, noting an affidavit from the respondent confirming an amicable settlement and absence of criminal antecedents, found no purpose in further proceedings.

What did the court decide?

All further proceedings in C.C.No.613 of 2016 against the petitioners are quashed.

Vishnudas 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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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. 846 of 2018

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CC.NO.613/2016 of JUDICIAL FIRST CLASS MAGISTRATE COURT,KAKKANAD(TEMPORARY) CRIME NO. 434/2016 OF THRIKKAKARA POLICE STATION , ERNAKULAM

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PETITIONER(S)/ACCUSED

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1 VISHNUDAS,

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AGED 20, S/O. SIVADAS, THANDASSARY HOUSE,VAZHAKALA, ERNAKULAM.

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2 ASIF @ APPU,

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AGED 24,S/O. SULAIMAN, ANZAMANZIL, MAUNDANPALAM, KAKKANADU, ERNAKULAM.

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3 KIRAN JOHN,

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AGED 25,S/O. JOSE, THEKKANITHA HOUSE, PUTHENPALLIKARA, VARAPUZHA, ERNAKULAM.

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4 AVIN GEORGE, AGED 21, S/O. GEORGE, KUNNATTU HOUSE, CHIRAKKAKAM, VARAPUZHA, ERNAKULAM.

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5 PRANAVU,

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AGED 21, S/O. HEMALAL, PUZHAPANJALI HOUSE,THEVARA FREEY, ELAMKULAM

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6 ANAND,

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AGED 20,S/O. RAMAKRISHNANUNNITHAN, AZHAKATHU HOUSE, ELAMBILLY, PAYANNOOR.

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BY ADV.SRI.KURIAN JOSEPH (ARAKKUNNAM)

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RESPONDENT(S):

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1. STATE OF KERALA,

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THROUGH THE SUB INSPECTOR OF POLICE, THRIKKAKARA, ERNAKULAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2. ELDHO.M.EALIAS,

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S/O. EALIAS, AGED 21, MUTTUVANCHERI HOUSE, ARATTUMADAM, KOLANCHERY, KARUKULAM, KIZHAKKUMBAKAM

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R1 BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK

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R2 BY ADV. SRI.P.A.IBRAHIM

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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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Crl.MC.No. 846 of 2018 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE A1 CERTIFIED COPY OF FIR IN CC NO 613/2016 IN CRIME NO. 434/2016 OF THRIKKAKARA POLICE STATION ANNEXURE A2 CERTIFIED COPY OF CHARGE SHEET IN FIR 434/2016 OF THRIKKAKARA POLICE STATION.

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ANNEXURE A3:- AFFIDAVIT DULY SIGNED BY THE 2ND RESPONDENT.

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RESPONDENT(S)' ANNEXURES- NIL

/TRUE COPY/

PS TO JUDGE

B.KEMAL PASHA, J.

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Crl.M.C.No.846 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 the accused in C.C.No.613 of 2016 of the Judicial First Class Magistrate's Court, Kakkanad, which has arisen from Crime No.434/2016 of the Thrikkakara Police Station, for the offences punishable under Sections 143, 147, 148, 341, 323 and 324 read with Section 149 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. No criminal antecedents have been reported against the petitioners. Respondent No.2 has filed affidavit as AnnexureA3, 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

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Crl.M.C.No.846 of 2018

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proceeding with the trial of the case. Matters being so, all further proceedings in C.C.No.613 of 2016 of the Judicial First Class Magistrate's Court, Kakkanad, which has arisen from Crime No.434/2016 of the Thrikkakara 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 C.C.No.613 of 2016 of the Judicial First Class Magistrate's Court, Kakkanad, which has arisen from Crime No.434/2016 of the Thrikkakara Police Station, against the petitioners, are hereby 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

Vishnudas v. State of Kerala

Case brief

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Vishnudas v. State of Kerala

Case brief

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