Allowed

Unni v. State of Kerala

Kerala HC12 Jan 2018Crl.MC/98/2018

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition and quashed the charge sheet and further proceedings in a criminal case involving offences under Sections 341, 294(b), 506(1) IPC, concluding that the matter had been amicably settled and no purpose would be served in proceeding with the trial.

What did the court decide?

Annexure-I charge sheet and all further proceedings in C.C.No.2025 of 2015 are quashed.

Unni 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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FRIDAY, THE 12TH DAY OF JANUARY 2018 / 22ND POUSHA, 1939

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Crl.MC.No. 98 of 2018

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CC 2025/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT, NJARAKKAL CRIME NO. 1420/2013 OF NARAKKAL POLICE STATION, ERNAKULAM DISTRICT

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PETITIONERS/ACCUSED :

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

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1. UNNI, S/O. VIJAYAN, AGED 28 YEARS, RESIDING AT POTTETH HOUSE, NJARAKKAL VILLAGE, ERNAKULAM DISTRICT.

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2. ASHIK, S/O. ANILKUMAR, AGED 25 YEARS, RESIDING AT KALATHITHARA HOUSE, ELAMKUNNAPPUZHA VILLAGE, VALAPPU, ERNAKULAM DISTRICT.

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BY ADV.SRI.P.P.BIJU

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RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

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1. STATE OF KERALA

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

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2. NAJEEB,S/O. ABU, AGED 43 YEARS, PALLIKKAVALAYIL HOUSE, AZHEEKODE, AZHEEKODU VILLAGE, THRISSUR DISTRICT - 680 666.

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R1 BY PUBLIC PROSECUTOR SRI.C.S.HRITWICK R2 BY ADV. SRI.DEEPAK RAJ

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12-01-2018,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 98 of 2018 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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ANNEXURE I A TRUE COPY OF THE CHARGE SHEET IN C.C.NO.2025/2015 (CRIME NO. 1420/2013 OF NJARACKAL POLICE STATION.

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ANNEXURE II A TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT DATED 27.12.2017. RESPONDENT'S ANNEXURES : NIL.

//TRUE COPY//

P.A. TO JUDGE

B.KEMAL PASHA, J.

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Crl.M.C.No.98 of 2018

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Dated this the 12^th day of January, 2018

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O R D E R

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Petitioners are the accused in C.C.No.2025 of 2015 of the Judicial First Class Magistrate Court, Njarakkal, which has arisen from Crime No.1420 of 2013 of the Njarakkal Police Station, registered for the offences punishable under Sections 341, 294(b), 506(1) and Section 34 IPC.

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It seems that the matter has been amicably settled

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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. It has been reported that no criminal antecedents have been reported against the petitioners. The defacto complainant has filed Annexure-II affidavit 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

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Crl.M.C.No.98 of 2018 : 2 :

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case. Matters being so, Annexure-I charge sheet and all further proceedings in C.C.No.2025 of 2015 of the Judicial First Class Magistrate Court, Njarakkal, which has arisen from Crime No.1420 of 2013 of the Njarakkal Police Station, as against the petitioners, are liable to be quashed.

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In the result, this Crl.M.C. is allowed and Annexure-I charge sheet and all further proceedings in C.C.No.2025 of 2015 of the Judicial First Class Magistrate Court, Njarakkal, which has arisen from Crime No.1420 of 2013 of the Njarakkal Police Station, as against the petitioners, are hereby quashed.

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Sd/- B.KEMAL PASHA JUDGE

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Bb/12/1/2018

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[True copy]

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P.A to Judge

Unni v. State of Kerala

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Unni v. State of Kerala

Case brief

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