Allowed

C. Ashokan, v. the State of Kerala

Kerala HC4 Jan 2019Crl.MC/50/2019

Case brief

AI extract

What is this about?

The High Court allowed a petition under Section 482 Cr.P.C. to quash criminal proceedings against the petitioner for injuries and criminal intimidation. The court found the affidavit of the victim supported a valid settlement with no public interest involved.

What did the court decide?

The criminal miscellaneous case is allowed; proceedings in CC No. 291 of 2018 are quashed; the magistrate may dispose of material objects.

C. Ashokan, Vs the State of Kerala — Cheating and Forgery | 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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FRIDAY, THE 04TH DAY OF JANUARY 2019 / 14TH POUSHA, 1940

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Crl.MC.No. 50 of 2019

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CC 291/2018 OF J.M.F.C.-I, HOSDRUG

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CRIME NO. 401/2017 OF CHANDERA POLICE STATION, KASARGOD

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PETITIONER/S:

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C. ASHOKAN, AGED 43 YEARS S/O T.V. NARAYANAN, RESIDING AT THAZHATHE VEETTIL, EDATTUMMEL, NORTH THRIKKARIPUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT671310.

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BY ADVS. SRI.T.MADHU SMT.C.R.SARADAMANI

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RESPONDENT/S:

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

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2 NITHIN V., AGED 23 YEARS S/O NARAYANAN K., RESIDING AT EDATTUMMEL HOUSE, NORTH THRIKKARIPUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT-671315.

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BY ADV. SANGEETHA. G

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..2..

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Crl.MC.No. 50 of 2019

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OTHER PRESENT:

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SRI.C.S.HRITHWIK SR PP

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

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ORDER

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Petition filed under Section 482 Cr.P.C.

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The petitioner is the accused in CC No. 291 of

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2018 on the file of the Judicial First Class Magistrate Court-I, Hosdurg registered for the offences under Sections 324 & 506 of the Indian Penal Code. The second respondent is the victim. It is submitted that the matter has been settled and the proceedings in the criminal case may be quashed.

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Heard the learned counsel for the petitioner

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and the second respondent and the learned Public Prosecutor.

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I have perused the affidavit filed by the

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second respondent, who has entered appearance

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Crl.MC.No. 50 of 2019

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..3.. through counsel. I am satisfied that the allegation of settlement is true and no public interest is involved. There is no impediment for granting the prayer of the petitioner.

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In the result, this Crl.M.C. is allowed. The proceedings in CC No. 291 of 2018 on the file of the Judicial First Class Magistrate Court-I, Hosdurg 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. 50 of 2019

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..4..

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 THE TRUE CERTIFIED COPY OF FIR IN CRIME NO.401/2017 OF CHANDERA POLICE STATION, KASARAGOD DISTRICT ANNEXURE A2 THE TRUE CERTIFIED COPY OF FINAL REPORT IN CRIME NO.401/2017 OF CHANDERA POLICE STATION, KASARAGOD DISTRICT ANNEXURE A3 THE AFFIDAVIT DATED 27.12.2018 SWORN IN BY THE 2ND RESPONDENT

C. Ashokan, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

C. Ashokan, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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