Allowed

Binu, v. State of Kerala

Kerala HC16 Jan 2019Crl.MC/67/2019

Case brief

AI extract

What is this about?

In a criminal miscellaneous case under Section 482 Cr.P.C., the High Court of Kerala quashed the trial court proceedings against petitioners who were accused of public lewdness and causing hurt. The court found the matter settled with victims and noted no public interest was involved.

What did the court decide?

Quashed proceedings in C.C. No.679 of 2014; directed trial court to dispose of material objects appropriately.

Binu, 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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WEDNESDAY,THE 16TH DAY OF JANUARY 2019 / 26TH POUSHA, 1940

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Crl.MC.No. 67 of 2019

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AGAINST CC 679/2014 of J.M.F.C.-I,NEDUMANGAD

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CRIME NO. 983/2013 OF Venjaramoodu Police Station , Thiruvananthapuram

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PETITIONERS/ACCUSED 1 TO 3:

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1 BINU, AGED 31 YEARS, S/O PURUSHOTHAMAN, SMITHA BHAVAN, VENGODU, PULLAMBARA VILLAGE, THIRUVANANTHAPURAM DISTRICT.

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2 SHAN, AGED 31 YEARS, S/O SALIM, SS BHAVAN, PALLIMUKKIL, PULLAMBARA VILLAGE, THIRUVANANTHAPURAM DISTRICT.

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3 SHIYAZ, AGED 33 YEARS, S/O ABDUL SALAM, SAFNA MANZIL, CHULLALAM, PULLAMBARA VILLAGE, THIRUVANANTHAPURAM DISTRICT.

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BY ADV. SRI.P.ANOOP (MULAVANA)

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-:2:-

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Crl.M.C.67 /19

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RESPONDENTS/STATE, DEFACTO COMPLAINANT:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.

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2 SHABU AGED 35 YEARS, S/O VASUDEVAN SHYNI NIVAS, CHULLALAM, KOONANVENGA P.O., PULLAMPARA VILLAGE, THIRUVANANTHAPURAM DISTRICT 695 001.

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3 PRASAD, AGED 45 YEARS, S/O KARUNAKARAN, PRASAD BHAVAN, PARIKKAPARA, CHULLALAM, KOONANVENGA P.O., PULLAMPARA VILLAGE, THIRUVANANTHAPURAM DISTRICT.

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BY ADV. SRI.A.CHANDRA BABU

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SRI ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C.67 /19

-:3:-

ORDER

Petition filed under Section 482 Cr.P.C.

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Petitioners are accused in C.C. No.679 of 2014 on the file of

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the Judicial Magistrate of First Class-I, Nedumangad registered for the offences under Sections 294(b), 323 and 324 IPC. Respondents 2 and 3 are the victims. It is submitted that the matter has been settled and the proceedings in the trial court may be quashed.

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Heard the learned counsel for the petitioners and respondents

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2 and 3 and the learned Public Prosecutor.

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I have perused the affidavits filed by the respondents 2 and 3, who have entered appearance through counsel. I am satisfied that the matter has been settled and no public interest is involved in this case. There is no impediment for granting the prayer of the petitioners.

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In the result, this Crl.M.C is allowed. The proceedings in C.C. No.679 of 2014 on the file of the Judicial Magistrate of First Class-I, Nedumangad are quashed. If any material objects have been produced in this case, the trial court may pass appropriate orders for their disposal.

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Sd/-

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K.ABRAHAM MATHEW, JUDGE

vps

-:4:-

Crl.M.C.67 /19

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 TRUE COPY OF THE FINAL REPORT IN CC.679/2014 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT.

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ANNEXURE A2 TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT ANNEXURE A3 TRUE COPY OF THE AFFIDAVIT FILED BY THE 3RD RESPONDENT

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RESPONDENT'S/S' EXHIBITS:

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NIL

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/True Copy/

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vps PS to Judge

Binu, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Binu, 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

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