Allowed

Vikas.T.K v. the Sub Inspector of Police

Kerala HC3 May 2019Crl.MC/1606/2019

Case brief

AI extract

What is this about?

The High Court allowed a criminal miscellaneous case filed by accused persons to quash criminal proceedings registered for offences under the IPC. The court was satisfied that the matter between the parties arose from a family or domestic dispute and had been amicably settled, with no public interest involved, thus permitting the quashing of the case and the matter was disposed of.

What did the court decide?

The criminal proceedings in Crime No. 1117 of 2018 were quashed.

Vikas.T.K Vs the Sub Inspector of Police — Quashing and FIR | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4

FRIDAY, THE 03RD DAY OF MAY 2019 / 13TH VAISAKHA, 1941

¶5

Crl.MC.No. 1606 of 2019

¶6

CRIME NO. 1117/2018 OF Tellicherry Police Station , Kannur

¶7

PETITIONERS/ACCUSED:

¶8

1 VIKAS.T.K AGED 38 YEARS S/O PADMANABHAN, SIVADAM, KODIYERI AMSOM, NANGARATH PEEDIKA, THALASSERY.

¶9

2 SAJITH K AGED 44 YEARS S/O MADHAVAN, KUNIYIL HOUSE, KODIYERI AMSOM, TEMPLE GATE, THALASSERY-670 103.

¶10

BY ADV. SRI.CIBI THOMAS

¶11

RESPONDENTS/COMPLAINANT AND STATE:

¶12

1 THE SUB INSPECTOR OF POLICE, THALASSERY POLICE STATION, KANNUR DISTRICT 670 103.

¶13

2 SURESH KUMAR R AGED 40 YEARS S/O RAMANARAYANAN, VALSALAYAM, THIRUVANGAD P.O. THALASSERY 670 103.

¶14

-:2:-

¶15

Crl.M.C. 1606/2019

¶16

3 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031.

¶17

BY ADV. SRI.K.PRAVEEN KUMAR

¶18

SMT. PRIYA SHANAVAS KHAN, PUBLIC PROSECUTOR

¶19

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C. 1606/2019

-:3:-

ORDER

The petitioners are the accused in Crime No.1117 of 2018 of Tellicherry Police Station registered for the offences under Sections 341, 323, 324, 394, 427, 447 and 506 r/w Section 34 of IPC. The second respondent herein is the de facto complainant. This Crl.M.C is filed seeking to quash the proceedings in Crime No. 1117 of 2018 on the ground that the issue leading to the registration of the crime has been amicably settled between the petitioners and the second respondent.

¶24

Heard the learned counsel for the petitioners, the learned counsel for the second respondent and the learned Public Prosecutor.

¶25

Having perused the affidavit filed by the second respondent, the contents of which is submitted to be true and voluntary, I am satisfied the matter has been amicably settled and that no public interest is involved in this matter. Hence, there is no impediment in granting the relief sought.

¶26

-:4:-

¶27

Crl.M.C. 1606/2019

¶28

In the result, this Crl.M.C is allowed. The proceedings

¶29

in Crime No.1117 of 2018 of Tellicherry Police Station is

quashed.

Sd/-

V.G.ARUN JUDGE

vps

-:5:-

Crl.M.C. 1606/2019

APPENDIX

PETITIONER'S/S EXHIBITS:

¶38

ANNEXURE I CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO 1117/2018

¶39

ANNEXURE II TRUE COPY OF THE ADDITIONAL REPORT SUBMITTED BY THE 1ST RESPONDENT BEFORE THE JUDICIAL 1ST CLASS MAGISTRATE COURT, THALASSERY

¶40

ANNEXURE III TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT

¶41

RESPONDENT'S/S' EXHIBITS:

¶42

NIL

¶43

/True Copy/

¶44

vps PS to Judge

Vikas.T.K v. the Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

Vikas.T.K v. the Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Valsala Amma Vs the Secretary

Shony.P.Jacob Vs Kerala Water Authority

V.J.Babu Vs Kerala Water Authority

Sunny K.J. Vs State of Kerala

Dr.Gopinath, Vs State of Kerala

Shaheer Edathil Vs Fasmida K.V