Allowed

Sandhosh K.v., v. State of Kerala

Kerala HC4 Jan 2019Crl.MC/38/2019

Case brief

AI extract

What is this about?

The Court allowed a petition under Section 482 Cr.P.C. filed by accused persons seeking quashing of criminal proceedings over settled disputes involving offences of voluntary culpable hurt and maliciously causing hurt. Upholding the settlement, the Court quashed the case.

What did the court decide?

The proceedings in Crime No. 843 of 2018 are quashed. The learned magistrate may pass appropriate orders for the disposal of material objects.

Sandhosh K.v., Vs State of Kerala — Quashing and FIR | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶4

FRIDAY, THE 04TH DAY OF JANUARY 2019 / 14TH POUSHA, 1940

¶5

Crl.MC.No. 38 of 2019

¶6

CRIME NO. 843/2018 OF PAVARATTY POLICE STATION, THRISSUR

¶7

PETITIONER/S:

¶8

1 SANDHOSH K.V., AGED 40 YEARS

¶9

S/O. BASKARA KURUP, KALARIKYAL HOUSE, BRAHMMAKULAM, GURUVAYOOR, THRISSUR-680104.

¶10

2 YOUSAF ALI, AGED 45 YEARS

¶11

S/O. UMMER, NALAKATH HOUSE, BRAHMMAKULAM, GURUVAYOOR, THRISSUR-680104.

¶12

BY ADV. SRI.E.A.HARIS

¶13

RESPONDENT/S:

¶14

1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA THROUGH SUB INSPECTOR, PAVARATTY POLICE STATION, ERNAKULAM.

¶15

2 ABDHUL HYSHAM, S/O. ABDHUL HAMEED, AGED 20 YEARS, PULICHARAM HOUSE, PAVARATTY KARA, CHAVAKAD, THRISSUR.

¶16

3 AJAMAL S/O. ASHARAF, AGED 23 YEARS, MUDAVATHAYIL HOUSE, CHAKKAMKANDAM P.O., CHAVAKAD, THRISSUR.

¶17

Crl.MC.No. 38 of 2019

¶18

..2..

¶19

BY ADV. SHRI.AFSAL KHAN H.

¶20

OTHER PRESENT: SRI.C.S.HRITHWIK SR PP

¶21

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶22

ORDER

¶23

Petition filed under Section 482 Cr.P.C.

¶24

The petitioners are the accused in Crime No.

¶25

843 of 2018 of Pavaratty Police Station registered for the offences under Sections 323, 324 & 341 of the Indian Penal Code. Respondents 2 & 3 are the victims. It is submitted that the matter has been settled and the proceedings in the criminal case may be quashed.

¶26

Heard the learned counsel for the petitioners and respondents 2 & 3 and the learned Public Prosecutor.

¶27

I have perused the affidavits filed by

¶28

Crl.MC.No. 38 of 2019

¶29

..3..

¶30

respondents 2 & 3, who have entered appearance through counsel. I am satisfied that the allegation of settlement is true and no public interest is involved. There is no impediment

¶31

for granting the prayer of the petitioners.

¶32

In the result, this Crl.M.C. is allowed. The proceedings in Crime No. 843 of 2018 of Pavaratty Police Station are quashed. The learned magistrate may pass appropriate orders for the disposal of the material objects, if any, produced in the case.

Sd/-

K.ABRAHAM MATHEW

JUDGE

Bka/07.01.2019

Crl.MC.No. 38 of 2019

¶38

..4..

¶39

APPENDIX

¶40

PETITIONER'S/S EXHIBITS:

¶41

ANNEXURE-A1 CERTIFIED COPY OF THE FIR IN CRIME NO.843/2018 OF PAVARATHY POLICE STATION.

¶42

ANNEXURE-A2 CERTIFIED COPY OF THE FIS IN CRIME NO.843/2018 OF PAVARATHY POLICE STATION.

¶43

ANNEXURE-A3 AFFIDAVIT OF THE DEFACTO COMPLAINANT/2ND RESPONDENT. ANNEXURE-A4 AFFIDAVIT OF THE DEFACTO COMPLAINANT/ 2ND RESPONDENT.

Sandhosh K.v., v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sandhosh K.v., v. State of Kerala

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

K.M.Aboobakar, Vs State of Kerala

Ummer Koya Vs Iqrahan Khan

Siddique K.K., Vs State of Kerala

Shaji Vs State of Kerala

Shajahan Vs State of Kerala

C. Ashokan, Vs the State of Kerala