Allowed

P.Anil Kumar, v. State of Kerala

Kerala HC14 Jan 2019Crl.MC/41/2019

Case brief

AI extract

What is this about?

The High Court allowed a petition under Section 482 Cr.P.C. to quash criminal proceedings alleging offences under Sections 323 and 506 IPC. The court found that the matter between the accused and the victim was settled and no public interest was involved.

What did the court decide?

The proceedings in C.C.No.511 of 2018 on the file of the Additional Chief Judicial Magistrate Court, Thiruvananthapuram were quashed.

P.Anil Kumar, 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 MR. JUSTICE K.ABRAHAM MATHEW

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MONDAY ,THE 14TH DAY OF JANUARY 2019 / 24TH POUSHA, 1940

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Crl.MC.No. 41 of 2019

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AGAINST THE ORDER IN CC 511/2018 of ADDL.C.J.M.,TRIVANDRUM

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CRIME NO. 1596/2017 OF Mecical College Police Station , Thiruvananthapuram

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PETITIONER:

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P.ANIL KUMAR,AGED 44 YEARS S/O PRABHAKARAN NAIR, SANDHYA PRADISE, WILLINGTON LAYOUT, MANIPAL COUNTY ROAD, SINGASANDRA POST, BANGALORE-560068, KARNATAKA (CHAIRMAN AND MANAGING DIRECTOR, M/S M.J. INFRASTRUCTURE AND BUILDERS (INDIA) PVT LTD),

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BY ADVS. SRI.T.M.RAMAN KARTHA SMT.K.BINUMOLE THOMAS

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RESPONDENTS:

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

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2 THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM695011.

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3 SIJU T.S.,AGED 34 YEARS S/O THYAGARAJAN, RESIDING AT SIJU BHAVAN, NANNATTUKAVU, VATTAVILA WARD, VEMBAYAM, THIRUVANANTHAPURAM-695615.

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BY ADV. SRI.BABU S. NAIR

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SRI ALEX M THOMBRA-SR-PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 41 of 2019 2

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ORDER

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Petition filed under Section 482 Cr.P.C.

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Petitioner is the accused in C.C.No.511 of 2018 on the file of the Additional Chief Judicial

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Magistrate Court, Thiruvananthapuram. He is alleged to have committed the offences under Sections 323 and 506

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IPC. The third respondent is the victim. It is

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submitted that the matter has been settled. The proceedings in the trial court are sought to be quashed.

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Heard the learned counsel for the petitioner

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and the third respondent and the learned Public Prosecutor.

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I have perused the affidavit filed by the

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third respondent, who has entered appearance through counsel. I am satisfied that the matter has been settled and no public interest is involved in this

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case. There is no impediment for granting the prayer of the petitioner.

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Crl.MC.No. 41 of 2019 3

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In the result, this Crl.M.C is allowed. The proceedings in C.C.No.511 of 2018 on the file of the Additional Chief Judicial Magistrate Court,

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Thiruvananthapuram are quashed.

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Sd/-

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K.ABRAHAM MATHEW JUDGE

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Crl.MC.No. 41 of 2019 4

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT DATED 22-2-2018 IN CRIME NO.1596/2017 OF MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM.

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ANNEXURE A2 A TRUE COPY OF THE COMPROMISE SETTLEMENT DATED 14-12-2018. ANNEXURE A3 A TRUE COPY OF THE AFFIDAVIT OF NO OBJECTION DATED 21-11-2018 SWORN TO BY THE 3RD RESPONDENT.

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RESPONDENTS' EXHIBITS: NIL

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// TRUE COPY // PA TO JUDGE

P.Anil Kumar, v. State of Kerala

Case brief

What is this about?

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P.Anil Kumar, v. State of Kerala

Case brief

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