Quashed

Sravin P. v. State of Kerala

Kerala HC24 Sept 2019Crl.MC/1250/2019

Case brief

AI extract

What is this about?

Single judge in Kerala exercised inherent powers under Section 482 Cr.P.C. to quash the FIR and proceedings against petitioners accused of grievous hurt and assault. The High Court noted the matter was settled, there were no criminal antecedents, and no public interest was involved.

What did the court decide?

Final report of the police complaint against petitioners was quashed, and further proceedings in Crime No. 667/2018 were barred.

Sravin P. Vs State of Kerala — Cheque Dishonour | Kerala HC (2019)

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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.SUDHEENDRA KUMAR

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TUESDAY, THE 24TH DAY OF SEPTEMBER 2019 / 2ND ASWINA, 1941

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Crl.MC.No.1250 OF 2019(E)

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CRIME NO.667/2018 OF CHAKKARAKKALLU POLICE STATION, Kannur

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PETITIONER/S:

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1 SRAVIN P., AGED 29 YEARS, S/O RAMESHAN.E,SRUTHI NIVAS,ANJARAKKANDI, KANNUR DISTRICT-670611.

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2 RAHUL.A,AGED 24 YEARS S/O RAGHU,RAHUL NIVAS,MAMBA PO, KANNUR DISTRICT-670611.

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3 PRATHYUSH.P, AGED 25 YEARS S/O.PRASAD,PRINSHA NIVAS,MAMBA PO, KANNUR DISTRICT-670611.

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4 SHYAM SUNDER P.K., AGED 25 YEARS, S/O. SUNDARAN, VLLIYAN HOUSE, MAMBA P.O. KANNUR DISTRICT – 670 611 BY ADVS. SRI.K.N.ABHILASH SRI.SUNIL NAIR PALAKKAT

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682031.

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-: 2 :-

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Crl.MC.No.1250 OF 2019(E)

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2 VIPIN RAJ.K.C AGED 25 YEARS,S/O.RAJAN,THATTANTE VALAPPIL HOUSE,ANJARAKKANDI AMSOM, KANNADIVALICHAM,MCHAKKARAKKALU, MAMBA PO,KANNUR DISTRICT-670611.

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3 THE STATOIN HOUSE OFFICER, CHAKKARAKKAL POLICE STATION, KANNUR DISTRICT,PIN-670613.

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4 SHIJIL, S/O. RAJAN, AGED 27 YEARS, THATTANTE VALAPPIL HOUSE, ANJARAKKANDY AMSOM, KANNADIVALICHAM, CHAKKARAKKALLU, MAMBA R2 BY ADV. JACOB SEBASTIAN

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OTHER PRESENT:

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SMT.V.SREEJA,PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.1250 OF 2019(E)

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-: 3 :-

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O R D E R

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The petitioners are the accused in Crime No. 667 of 2018 of Chakkarakallu Police Station, registered for the offences punishable under Sections 143, 147, 148, 447, 341, 323, 324, and 326 read with Section 149 IPC.

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The 2nd and the 4th respondents, who are the injured, filed separate affidavit stating that the matter has been settled and hence they have no further grievance against the petitioners.

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The learned Public Prosecutor has also submitted that the matter has been settled by the parties. The learned Public Prosecutor has further submitted that the petitioners have no criminal antecedent. It appears that the offences alleged in this case do not involve any public interest. In the said circumstances, since the matter has been settled, I am inclined to quash the final report

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-: 4 :-

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Crl.MC.No.1250 OF 2019(E)

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and further proceedings against the petitioners in the above said crime, in exercise of the inherent power under Section 482 Cr.P.C., to meet the ends of justice. It is ordered accordingly.

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In the result, this Criminal M. C. stands allowed.

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Dated this the 24^th day of September, 2019.

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Sd/-B.Sudheendra Kumar, Judge.

Ani/

/true copy/

-: 5 :-

Crl.MC.No.1250 OF 2019(E)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 THE TRUE COPY OF THE FIR N0.667/2018 DATED 19.11.2018 OF CHAKKARAKKALLU POLICE STATION,KANNUR DISTRICT.

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ANNEXURE A2 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 28.01.2019. ANNEXURE A3 THE AFFIDAVIT SWORN BY THE 4TH

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THE AFFIDAVIT SWORN BY THE 4TH RESPONDENT DATED 22.08.2019.

Sravin P. v. State of Kerala

Case brief

What is this about?

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Sravin P. v. State of Kerala

Case brief

What is this about?

What did the court decide?

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