Allowed

Ammukkutty, v. State of Kerala

Kerala HC14 May 2019Crl.MC/1633/2019

Case brief

AI extract

What is this about?

Crl.MC for quashing proceedings initiated under Sections 294(b), 323, and 324 r/w 34 IPC. The Court accepted affidavits from respondents and a report from the Public Prosecutor confirming settlement and willingness to compromise. Consequently, the Court held that further proceedings were unjustified and quashed the criminal case.

What did the court decide?

The Criminal Miscellaneous Case is allowed, and the entire proceedings against the petitioners in Crime No. 182/2019 of Puthoor Police Station, Kollam are quashed.

Ammukkutty, Vs State of Kerala — Constitutional and Fundamental Rights | 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 MRS. JUSTICE ANNIE JOHN

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TUESDAY, THE 14TH DAY OF MAY 2019 / 24TH VAISAKHA, 1941

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Crl.MC.No. 1633 of 2019

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CRIME NO. 182/2019 OF PUTHOOR POLICE STATION , Kollam

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PETITIONER/S:

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1 AMMUKKUTTY, AGED 62 YEARS W/O.SIVADASAN PILLAI, PALLEELAZHIKATHU VEEDU, THEVALAPPURAM WEST, PUTHOOR, KOLLAM DISTRICT.

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2 SIVADASAN PILLAI, AGED 67 YEARS S/O.RAGHAVAN PILLAI, PALLEELAZHIKATHU VEEDU, THEVALAPPURAM WEST, PUTHOOR, KOLLAM DISTRICT.

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BY ADV. SRI.P.V.DILEEP

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RESPONDENT/S:

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

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THE SUB INSPECTOR OF POLICE, 2. PUTHOOR POLICE STATION, KOLLAM DISTRICT 691 507

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3 * DELETED(AMMUKKUTTY), AGED 58 YEARS D/O.JANAKI AMMA, PALLEELAZHIKATHU VEEDU, THEVALAPPURAM WEST, PUTHOOR-691507, KOLLAM DISTRICT.

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4 PARAMESWARAN PILLAI, AGED 82 YEARS S/O.NEELAKANDAN PILLAI, PALLEELAZHIKATHU VEEDU, THEVALAPPURAM WEST, PUTHOOR, KOLLAM DISTRICT-691507

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*NAME OF THE THIRD RESPONDENT IS CORRECTED AS RADHAMANY AMMA BY DELETING AMMUKKUTTY AMMA IN THE CRL.MC AS PER ORDER IN CRL.MA NO.3/2019 DATED 14.5.2019.

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BY ADV. SRI.K.V.ANIL KUMAR

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SRI.B.JAYASURYA, PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1633 of 2019

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JUDGMENT

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Petitioners are accused in Crime No.182/2019 of Puthoor Police Station, Kollam alleging offences punishable under Sections 294 (b), 323, 324 r/w 34 of the Indian Penal Code. Respondent No.3 is the de facto complainant and respondent No.4 is another injured in the said case. The allegation is that on 15.02.2019 at about 06.30 p.m., the 1^st accused used abusive words towards the de facto complainant and also assaulted her with the handle of a spade on the reason that she set fire on waste and dry leaves adjacent to the petitioners' boundary wall. It was also further alleged that the accused 1 and 2 pushed the de facto complainant and her husband and thus they sustained abrasions. On the basis of the statement given by the 3^rd respondent, 2^nd respondent registered a case against the petitioners. Now the matter has been settled through the intervention of the mediators and the party respondents have no intention to continue the proceedings further.

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Respondents 3 and 4 have filed Annexures B and C affidavits before this Court stating that they have no interest to continue the case against the accused in Crime No.182/2019 of Puthoor Police Station.

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Crl.MC.No. 1633 of 2019

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The learned Public Prosecutor has reported on the basis of signed statement of the de facto complainant that they need no further action in this case and they are willing to compromise the case.

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In the light of the affidavits filed by respondents 3 and 4 and report of the prosecution, I find that the matter between the petitioner and respondents 3 and 4 were settled. Hence there is no justification in proceeding with the case, hence the Crl.MC is allowed. The entire proceedings against the petitioners in Crime No.182/2019 of Puthoor Police Station, Kollam are hereby quashed.

Sd/

ANNIE JOHN

JUDGE

Jm/

Crl.MC.No. 1633 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE-A A TRUE COPY OF THE FIR AND FIS IN CRIME NO. 182/2019 OF PUTHOOR POLICE STATION.

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ANNEXURE-B AFFIDAVIT OF THE 3RD RESPONDENT. ANNEXURE-C AFFIDAVIT OF THE 4TH RESPONDENT.

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ANNEXURE -D AFFIDAVIT OF THE 3RD RESPONDENT.

Ammukkutty, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ammukkutty, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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