Allowed

Kalesh Kapil v. State of Kerala

Kerala HC22 Mar 2018Crl.MC/849/2018

Case brief

AI extract

What is this about?

King's Bench exercise powers under Section 482 Cr.P.C. to quash criminal proceedings where the petitioner, being an accused, establishes that the matter was settled, the matter involves only private parties, no public interest is implicated, and the victim affidavit confirms the truth of allegations. Court allowed the petition and quashed the trial on March 23, 2018.

What did the court decide?

The Criminal Misc. Case is allowed and the proceedings in Crime No. 993 of 2016 are quashed.

Kalesh Kapil 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 K.ABRAHAM MATHEW

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THURSDAY, THE 22ND DAY OF MARCH 2018 / 1ST CHAITHRA, 1940

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Crl.MC.No. 849 of 2018

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CRIME NO. 993/2016 OF THE THEKKUMBHAGOM POLICE STATION, CHAVARA

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PETITIONER(S)/2ND ACCUSED :

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KALESH KAPIL, S/O.OMANAKUTTAN PILLAI, AGED 28 YEARS, RESIDING AT KOKKALATHU VEEDU, PUTHENSANKETHAM, THEVELAKARA VILLAGE, KARUNAGAPPALLY, KOLLAM DISTRICT.

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BY ADV.SRI.B.KRISHNA MANI

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RESPONDENT(S)/STATE AND THE DEFACTO COMPLAINANT :

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

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2. THE SUB INSPECTOR OF POLICE, THEKKUMBHAGOM POLICE STATION, CHAVARA, KOLLAM- 691 319.

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3. BINUKRISHNAN, S/O.RADHAKRISHNAN, THENDAKARANTEVILA VEEDU, VADAKKUMBHAGOM, THEKKUMBHAGOM, CHAVARA, KOLLAM- 691 319.

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ADDITIONAL R4 IMPLEADED

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4. SUNNY, KADANMOOLA, THEKKUMBHAGOM,CHAVARA, KOLLAM-691 319.

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ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED 22.03.2018 IN CRL.M.A.NO.3008 OF 2018.

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R1 & R2 BY SR.PUBLIC PROSECUTOR SRI.ALEX M.THOMBRA R3 BY ADV. SRI.SAJU J PANICKER

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Msd.

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23.03.2018

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Crl.MC.No. 849 of 2018

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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ANNEXURE 1 TRUE COPY OF THE FIRST INFORMATION REPORT DATED 4/7/2016 IN CRIME NO.993/2016 BEFORE THE THEKKUMBHAGOM POLICE STATION, CHAVARA. ANNEXURE II TRUE COPY OF THE REPORT DATED 10/9/2016 SUBMITTED BY THE SUB INSPECTOR OF POLICE, THEKKUMBHAGOM POLICE STATION. ANNEXURE III TRUE COPY OF THE AFFIDAVIT DATED 5/2/2018 FILED BY THE 3RD RESPONDENT.

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RESPONDENT(S)' ANNEXURES :

NIL

//TRUE COPY//

P.S.TO JUDGE

Msd.

23.03.2018

K.ABRAHAM MATHEW J.

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Crl.M.C.No.849 of 2018

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Dated this the 22^nd day of March, 2018

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ORDER

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Petition filed under Section 482 Cr.P.C.

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The petitioner and the 4^th respondent are the accused in Crime No.993 of 2016 of Thekkumbhagom Police Station, Chavara in which the allegation is that he has committed the offences under Sections 341, 324, 294(b), 506(ii), 394 and 34 IPC. The third respondent is the victim. It is submitted that the matter has been settled and the proceedings in the trial court may be quashed.

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Heard the learned counsel for the petitioner and the third respondent and the learned Public Prosecutor.

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I have perused the affidavit filed by the third respondent, who has appeared through counsel. I am satisfied that the allegation is true and no public interest is involved. There is no impediment for allowing the prayer of the petitioner.

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In the result, this Crl.M.C is allowed. The proceedings in Crime No.993 of 2016 of Thekkumbhagom Police Station, Chavara are quashed.

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Sd/- K.ABRAHAM MATHEW JUDGE

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cms

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/True copy/ P.S.to Judge

Kalesh Kapil v. State of Kerala

Case brief

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Kalesh Kapil v. State of Kerala

Case brief

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