Allowed

K.P.Sureshkumar v. the State of Kerala

Kerala HC5 Sept 2019Crl.MC/5358/2015

Case brief

AI extract

What is this about?

The High Court of Kerala quashed criminal proceedings, including committal proceedings, against the petitioner who was accused of offences under IPC and SC/ST Act following a police FIR. The quashment was granted upon submission that the dispute between the petitioner and the de facto complainant had been fully settled.

What did the court decide?

Further proceedings in the committal proceedings C.P.No.3/2015 and all further proceedings pursuant thereto against the accused will stand quashed.

K.P.Sureshkumar Vs the State of Kerala — Caste Atrocities | 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 ALEXANDER THOMAS

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THURSDAY, THE 05TH DAY OF SEPTEMBER 2019 / 14TH BHADRA, 1941

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Crl.MC.No.5358 OF 2015

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CP 3/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III,NEYYATTINKARA

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CRIME NO.1334/2014 OF Kovalam Police Station , Thiruvananthapuram

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PETITIONER/ACCUSED:

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K.P.SURESHKUMAR AGED 46 YEARS S/O. PARAMESWARAN NAIR, 'SURESH BHAVAN', NEARBY NEMOM SIVAN KOVIL, UPAYANNOOR DESOM, NEMOM VILLAGE, NOW RESIDING AT CHANDRAVILASOM, VETTUVILA, K.S.ROAD, KOVALAM, MUTTAKKADU DESOM, VENGANOOR VILLAGE.

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BY ADVS. SRI.R.T.PRADEEP SMT.M.BINDUDAS

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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

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2 VIMALA AGED 57 YEARS D/O. JANAMMA, MELEPULISEELAMOODU VEETIL, NEARBY VALIYAKULAM, MUTTAKKADU, MUTTAKKADU DESOM, VENGANOOR VILLAGE - 695 523.

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OTHER PRESENT:

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SRI.SAIGI JACOB PALATTY, PUBLICPROSECUTOR FOR R1, SRI.SAIJO HASSAN FOR R2

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.5358/2019

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ALEXANDER THOMAS, J.

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Crl.M.C.No.5358 of 2015

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Dated this the 5^th day of September, 2019

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ORDER

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The main prayer in the above Criminal Miscellaneous Case filed under the enabling provisions contained in Section 482 Cr.P.C. is as follows:

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“...... pleased to quash Annexures-I & II and all proceedings pursuant to thereon against the petitioner in C.P.No.3/2015 before JFCM-III, Neyyattinkara which arose from Crime No.1334/2014 of Kovalam Police Station.”

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The petitioner has been arrayed as the sole accused in the impugned Annexure-1 FIR in Crime No.1334/2014 of Kovalam Police Station for offences punishable under Section 506(i) of the IPC and Section 3(1) (xi) of SC & ST (Prevention of Atrocities) Act, 1989, on the basis of the F.I. Statement/complaint given by the 2^nd respondent defacto complainant. The Police, after investigation, has filed the impugned Annexure-II final report/chargesheet in the above said Crime No.1334/2019 of Kovalam Police Station for the above said offences and which have now led to the pendency of committal proceedings in C.P.No.3/2015 on the file of the Judicial First Class Magistrate Court-III, Neyyattinkara.

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Now it is submitted by Sri.R.T. Pradeep, learned counsel appearing for the petitioner/accused and Sri. Saijo Hassen, learned counsel

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Crl.M.C.No.5358/2019

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appearing for the 2^nd respondent lady defacto complainant that the 2^nd respondent has fully resolved the disputes with the petitioner and that she has filed Annexure-V affidavit dated 2.3.2019 stating the above said facts of settlement and that she is not interested to continue the impugned criminal proceedings any further and that this Court may quash the impugned criminal proceedings initiated at her instance on account of the settlement arrived at between the parties.

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After hearing the learned Advocates appearing for the petitioner and the defacto complainant as well as the learned Public Prosecutor, it is seen that the offences are mainly in the nature of personal offences directed as against the 2^nd respondent lady victim and she has now settled the entire matter and would submit that she has no objection in quashment of the impugned criminal proceedings.

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Accordingly, it is ordered in the interest of justice that further proceedings in the committal proceedings, C.P. No.3/2015 on the file of the Judicial First Class Magistrate Court-III, Neyyattinkara, (which has arisen out of the impugned Annexure-II final report/chargesheet filed in the impugned Annexure-I Crime No.1334/2014 of Kovalam Police Station) and all further proceedings taken in pursuance thereof as against the accused will stand quashed. The petitioner will produce certified copy of this order before the Investigating Officer concerned and before the jurisdictional Magistrate Court concerned for necessary information. The office of the

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Crl.M.C.No.5358/2019

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Advocate General will also forward a certified copy of this order to the Investigating Officer concerned for necessary information.

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With these observations and directions, the above Crl.M.C. will stand

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disposed of.

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Sd/-

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ALEXANDER THOMAS, JUDGE

acd

Crl.M.C.No.5358/2019

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 A1 - TRUE COPY OF FIR DT. 12.12.2014 IN CRIME NO. 1334/2014 OF KOVALAM POLICE STATION.

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EXHIBIT P2 A2 - TRUE COPY OF FINAL REPORT DT. 05.6.2015 IN CP NO. 3/2015 BEFORE JFMC - III, NEYYATTINKARA WHICH AROSE FRM CRIME NO. 1334/2014 OF KOVALAM POLICE STATION. EXHIBIT P3 A3 - TRUE COPY OF JUDGMENT DT. 23.9.2011 IN WPC NO. 24651/2011 BY THIS HON'BLE COURT.

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EXHIBIT P4 P4 - TRUE COPY OF COMPLAINT OF PETITIONER DT. 27.7.2014 BEFORE CITY POLICE COMMISSIONER.

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True Copy

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P.S. To Judge.

K.P.Sureshkumar v. the State of Kerala

Case brief

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K.P.Sureshkumar v. the State of Kerala

Case brief

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