Allowed

Thankappan.Y, v. State of Kerala

Kerala HC14 May 2019Crl.MC/2533/2019

Case brief

AI extract

What is this about?

The High Court allowed a criminal miscellaneous petition seeking quashing of proceedings in C.C.No.429/2011. The court found that the dispute between the accused and the complainant was amicably settled, with no objection from the Public Prosecutor, rendering further prosecution devoid of meaning.

What did the court decide?

The entire proceeding against the petitioners in C.C.No.429/2011 on the file of the Judicial First Class Magistrate Court-III, Neyyattinkara is quashed.

Thankappan.Y, Vs State of Kerala — Quashing and FIR | 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. 2533 of 2019

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AGAINST THE ORDER/JUDGMENT IN CC 429/2011 of JUDICIAL MAGISTRATE OF FIRST CLASS -III,NEYYATINKARA

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PETITIONERS/ACCUSED:

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1 THANKAPPAN.Y, AGED 76 YEARS S/O.YACOOB, RAJI NIVAS, KAKKANAD VILLAGE, ERNAKULAM, KOCHI-682030.

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2 RAJI.C.T. AGED 45 YEARS D/O.THANKAPPAN, RAJI NIVAS, KAKKANAD VILLAGE, ERNAKULAM, KOCHI-682030.

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BY ADV. SMT.T.V.NEEMA

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RESPONDENTS/RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682012.

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2 VINOD, S/O.KARUNAKARAN NADAR, LAKSHMANA VILASAM, KOTTUKAL VILLAGE, PAYATTUVILA, THIRUVANANTHAURAM-695501.

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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.2533/2019

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ORDER

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The petitioners are the accused in C.C.No.429/2011 on

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the file of the Judicial 1^st Class Magistrate Court-III, Neyyatinkara. The offence alleged against the petitioners are under Section 379 r/w 34 of the Indian Penal Code.

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The second respondent is the defacto complainant. The matter is settled between the petitioner and the defacto complainant. Annexure A3 is a notarised copy of the affidavit filed by the defacto complainant. The petitioner prays for quashing all proceedings in C.C.No.429/2011.

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After getting instructions, the Public Prosecutor also stated that the matter has been settled. Annexure A3 is the affidavit filed by the defacto complainant stating that the entire disputes between himself and the petitioner has been amicably settled. Therefore, he is not interested in prosecuting the case against the petitioners who are the accused in C.C.No.429/2011 of Judicial First Class

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Crl.MC.No.2533/2019

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Magistrate Court-III, Neyyattinkara. He has no objection in quashing all further proceedings pending before the Judicial First Class Magistrate Court-III, Neyyattinkara in C.C.No.429/2011. The Public Prosecutor also filed a report wherein the Inspector of Police, Kanjiramkulam Police Station has recorded the statement through mobile phone and as per that, he has no interest to continue with the further proceedings of the case. The statement was also produced before this Court.

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On going through the file produced by the Pubic Prosecutor as well as the affidavit, I find that the entire matter between the parties was settled out of court and there is no meaning in continuing this case further. Therefore, I am inclined to allow the prayer in the petition as prayed for.

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In the result, this Crl.MC is allowed and the entire proceeding against the petitioner in C.C.No.429/2011 on the file of the Judicial First Class Magistrate Court-III,

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Crl.MC.No.2533/2019

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Neyyattinkara, Thiruvananthapuram district is hereby

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quashed.

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Sd/ANNIE JOHN JUDGE

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Crl.MC.No.2533/2019

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APPENDIX

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PETITIONERS' EXHIBITS:

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ANNEXURE A1 CERTIFIED COPY OF THE TRUE COPY OF THE COMPLAINT DATED 14/10/2009 ANNEXURE A2 TRUE COPY OF THE COMPROMISE PETITION DATED 28/1/2019

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ANNEXURE A3 AFFIDAVIT DULY SIGNED BY THE 2ND RESPONDENT DATED 20/3/2019

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RESPONDENTS' EXHIBITS: NIL

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\TRUE COPY//

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PA TO JUDGE

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Thankappan.Y, v. State of Kerala

Case brief

What is this about?

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Thankappan.Y, v. State of Kerala

Case brief

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