Allowed

Shandas v. State of Kerala

Kerala HC3 Oct 2019Crl.MC/4549/2019

Case brief

AI extract

What is this about?

The High Court allowed a criminal miscellaneous petition filed under Section 482 Cr.P.C to quash trial proceedings. The court held that since the victim had no grievance and consented to compound the offence alleging settlement, it was a fit case to invoke the court's power to quash the proceedings.

What did the court decide?

The entire proceedings against the petitioners in case CC No.5335/2011 before the Judicial First Class Magistrate-II, Ernakulam were quashed.

Shandas 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 R. NARAYANA PISHARADI

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THURSDAY, THE 03RD DAY OF OCTOBER 2019 / 11TH ASWINA, 1941

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Crl.MC.No.4549 OF 2019(G)

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AGAINST THE ORDER IN CC 5335/2011 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, ERNAKULAM

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CRIME NO.3824/2011 OF Ernakulam Central Police Station , Ernakulam

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PETITIONERS/ACCUSED NO. 1 AND 2:

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1 SHANDAS AGED 35 YEARS S/O MOHANDAS, PODIMANNIL HOUSE, KOODAL DESOM, KOODAL VILLAGE, ATHIRINKAL, PATHANAMTHITTA DISTRICT

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2 JAYSON JAMES, AGED 35 YEARS

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S/O JAMES PARANILAM HOUSE, KANNADIKKADU, MARADU VILLAGE, ERNAKULAM DISTRICT.

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BY ADV. SMT.SAIPOOJA

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RESPONDENTS:

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

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2 GIRISHANKER.S S/O SUKUMARAN NAIR, RESIDING AT SUKUMARAM, KAIRALI NAGAR, MOTHER THERESA ROAD, SOUTH CHITTOOR, KOCHI-27

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R2 BY ADV. P.MOHAMED SABAH R1 SRI B JAYASURYA-SR PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.4549 OF 2019(G)

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R. NARAYANA PISHARADI, J

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Crl.M.C No.4549 of 2019

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Dated this the 03^rd day of October, 2019

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O R D E R

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This is an application filed under Section 482 Cr.P.C for quashing the proceedings against the petitioners in the case C.C No.5335/2011

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on the file of the Court of the Judicial First Class Magistrate-II, Ernakulam.

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The petitioners are the first and the second accused in the aforesaid case. The allegation against them is that they have committed the offences punishable under Sections 341, 353 and 506 read with 34 IPC. The second respondent is the victim of the offences allegedly committed by the petitioners. It is submitted that the matter has been amicably settled between him and the petitioners. Therefore, it is prayed that the proceedings against the petitioners in the case may be quashed.

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

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I have perused the affidavit filed by the second respondent,

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who has entered appearance through counsel. It is stated in the

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Crl.MC.No.4549 OF 2019(G)

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affidavit filed by him that he has got no grievance against the petitioners and that he has no objection to compound the offences against them. The incident had allegedly occurred in the compound of the hostel of the Law College, Ernakulam. The second respondent was the Assistant Professor in the Law College, Ernakulam and he was the warden of the hostel. The petitioners were students of the Law College. The affidavit filed by the second respondent reveals that he has now got no complaint against the petitioners. In such circumstances, I find that this is a fit case in which the power of this Court under Section 482 Cr.P.C can be invoked to quash the proceedings against the petitioners.

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In the result, the petition is allowed. The entire proceedings against the petitioners in the case C.C No.5335/2011 on the file of the Court of the Judicial First Class Magistrate-II, Ernakulam are hereby quashed.

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Sd/- R. NARAYANA PISHARADI JUDGE

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lsn

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Crl.MC.No.4549 OF 2019(G)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE 1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO 3824/2011 OF CENTRAL POLICE STATION, ERNAKULAM

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ANNEXURE 2 CERTIFIED COPY OF THE FINAL REPORT FILED IN CRIME NO 3824/2011 OF CENTRAL POLICE STATION, ERNAKULAM

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ANNEXURE 3 ORIGINAL OF THE AFFIDAVIT DATED 22.6.2019 SWORN BY THE SECOND RESPONDENT

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RESPONDENTS EXHIBITS : NIL

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TRUE COPY

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P.A TO JUDGE

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LSN

Shandas v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shandas v. State of Kerala

Case brief

What is this about?

What did the court decide?

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