Allowed

Maneesh v. State of Kerala

Kerala HC16 Oct 2019Crl.MC/6864/2019

Case brief

AI extract

What is this about?

In a criminal misc. case seeking quashing of FIR under Section 482 Cr.P.C, the Kerala High Court quashed proceedings for offences including assault and criminal intimidation. The court found the dispute private and acknowledged satisfactory settlement between parties.

What did the court decide?

Proceedings against petitioners in C.P.No.14/2016 of Judicial First Class Magistrate-I, Attingal, based on Crime No.22/2016, are quashed.

Maneesh 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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WEDNESDAY, THE 16TH DAY OF OCTOBER 2019 / 24TH ASWINA, 1941

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Crl.MC.No.6864 OF 2019(G)

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C.P.NO. 14/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I, ATTINGAL CRIME NO.22/2016 OF Attingal Police Station , Thiruvananthapuram

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PETITIONERS/ACCUSED:

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1 MANEESH AGED 29 YEARS PASSPORT NUMBER S1179493,S/O. MANIKANTAN, NOW WORKING AND RESIDING AT RACO GENERAL TRANSPORT EST PB NO.36857, OPPOSITE ZIYAD UNIVERSITY, DELMA STREET, ABUDHABI UAE, FROM MANEESH BHAVAN, KANJIRAMVILA, NEDUMPARAMBU DESOM, NAGAROOR VILLAGE, TRIVANDRUM-695 601

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2 ANEESH (ACCUSED NO.2) AGED 28 YEARS S/O. MANIKANTAN,MANEESH BHAVAN, KANJIRAMVILA, NEDUMPARAMBU DESOM, NAGAROOR VILLAGE, TRIVANDRUM-695 601

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3 PRAKASH (ACCUED NO.3) AGED 47 YEARS S/O. AYYA UNNI, LAKSHAM VEEDU COLONY, KANJIRAMVILA, DARSANAVATTOM DESOM, NAGAROOR PO, TRIVANDRUM-695 601

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4 AJITH (ACCUSED NO.4) AGED 22 YEARS S/O. ASOKAN, AJITH BHAVAN, PULLLUVILA, SARSANAVATTOM DESOM, ,NAGAROOR VILLAGE, TRIVANDRUM-695 601

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BY ADV. SRI.SHANKAR V.

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RESPONDENTS/COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, ATTINGAL POLICE STATION, TRIVANDRUM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM

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Crl.MC.No.6864 OF 2019(G) 2

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2 SANUMON

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AGED 31 YEARS S/O. CHAKRAPANI VILAYIL PUTHENVEEDU, NEITHUSALA, DARSANAVATTOM DESOM, NAGAROOR VILLAGE, TRIVANDRUM695 601

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3 PRIJITH AGED 23 YEARS S/O. PRASSANAN, SANKARALAYAM, NEITHUSALA, DARSANAVATTOM DESOM, NAGAROOR PO, TRIVANDRUM-695 601

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BY ADVS. SMT V SREEJA-PUBLIC PROSECUTOR

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R2-R3 SRI.VENU MENON

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.6864 OF 2019(G) 3

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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.P.No.14/2016 on the file of the Court of the Judicial First Class Magistrate-I, Attingal.

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The petitioners are accused 1 to 4 in the aforesaid case. The offences alleged against them are punishable under Sections 341, 323, 324 , 294(b) and 308 r/w 34 IPC. The 2^nd and the 3^rd respondents are the victims of the offences allegedly committed by the petitioners. It is submitted that the matter has been settled between them and the petitioners. Therefore, it is prayed that the proceedings against the petitioners in the case may be quashed.

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Heard the learned counsel for the petitioners and the learned counsel for the 2^nd and the 3^rd respondents and also the learned Public Prosecutor.

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I have perused the affidavits filed by the 2^nd and the 3^rd respondents, who have entered appearance through counsel. It is stated by them in the affidavits that the matter has been amicably settled out of court between them and the

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Crl.MC.No.6864 OF 2019(G) 4

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petitioners and that they have got no grievance against the petitioners. I am satisfied that the settlement arrived at between the parties is genuine.

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Though the offence punishable under Section 308 IPC is alleged against the petitioners, there is no element of public interest involved in the case. The dispute between the parties is basically private in nature. Continuation of the proceedings against the petitioners in the case would serve no useful purpose. In these circumstances, I find that 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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Consequently, the petition is allowed. The entire proceedings against the petitioners in the case C.P.No.14/2016 on the file of the Court of the Judicial First Class Magistrate-I, Attingal, based on Crime No.22/2016 of Attingal Police Station, are hereby quashed.

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Sd/R. NARAYANA PISHARADI JUDGE

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LEK

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Crl.MC.No.6864 OF 2019(G) 5

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE-A1 CERTIFIED COPY OF THE FINAL REPORT IN C.P.NO.14 OF 2016 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, ATTINGAL ARISING FROM CRIME NO.22 OF 2016 OF ATTINGAL POLICE STATION ANNEXURE-A2 THE AFFIDAVIT OF THE 2ND RESPONDENT ANNEXURE-A3 THE AFFIDAVIT OF THE 3RD RESPONDENT

Maneesh v. State of Kerala

Case brief

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Maneesh v. State of Kerala

Case brief

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