Allowed

Abhilash, v. State of Kerala

Kerala HC10 May 2019Crl.MC/819/2019

Case brief

AI extract

What is this about?

This order allows a criminal appeal to quash proceedings under IPC Sections 294(b) and 354 read with Section 34. The court found that the matter had been amicably settled between the accused and the complainant, with no public interest involved, warranting the quashing of the FIR.

What did the court decide?

The proceedings in Crime No. 2224/2018 registered at Punalur Police Station, Kollam District are quashed.

Abhilash, Vs State of Kerala — Quashing and FIR | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4

FRIDAY, THE 10TH DAY OF MAY 2019 / 20TH VAISAKHA, 1941

¶5

Crl.MC.No. 819 of 2019

¶6

CRIME NO. 2224/2018 OF Punalur Police Station , Kollam

¶7

PETITIONERS/ACCUSED:

¶8

1 ABHILASH, AGED 22 YEARS S/O.SUBASH, KULATHADIYIL VEEDU (SUBHASH BHAVAN), NEDIYARA P.O., ANCHAL, KOLLAM DISTRICT, PIN-691306.

¶9

2 AKHIL @ AKHIL DEV S., AGED 21 YEARS S/O.SUNIL S., N.S.BHAVAN, KEERIPURAM, KADAKKAL, KOLLAM DISTRICT-691536.

¶10

3 SYAM S.NAIR, AGED 20 YEARS S/O.SANKARAN NAIR, AMBIYIL KIZHAKKETHIL VEEDU, KUNNATHOOR EAST P.O., NEDIYAVILA, KOLLAM DISTRICT690540.

¶11

4 BINU @ BINU KRISHNAN R., AGED 19 YEARS

¶12

S/O.R.RADHAKRISHNAN, SREE RAGHAVAM, H.NO.245, TEMPLE NAGAR, SAKTHIKULANGARA, KOLLAM DISTRICT-691581.

¶13

5 RAHUL M., AGED 19 YEARS

¶14

S/O.MOHANAN PILLAI, HOUSE NO.155, NSB NAGAR, KESAVADASAPURAM, THIRUVANANTHAPURAM-695011.

¶15

6 BALU B., AGED 25 YEARS S/O.BAHULEYAN, VILAYIL VEEDU, CHEMBRAMON, PUNNALA, PATHANAPURAM, KOLLAM DISTRICT-689695.

¶16

7 ANANDU S., AGED 22 YEARS S/O.SANTHOSH G., KOCHUTHADATHIL VEEDU, VILAKKUVATTOM, PUNALUR-691305.

¶17

Crl.MC.No. 819 of 2019

¶18

¶19

BY ADVS. SRI.K.SIJU SMT.S.SEETHA

¶20

RESPONDENT/STATE & COMPLAINANT:

¶21

1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31.

¶22

2 THE STATION HOUSE OFFICER PUNALUR POLICE STATION, KOLLAM DISTRICT, PIN-691305.

¶23

3 ANILA MARY, AGED 28 YEARS D/O.MARIAMMA, MARY VILASOM, ARAMPUNNA, ELAMPAL P.O., PUNALUR, KOLLAM-691322.

¶24

BY ADV. SRI.B.MOHANLAL

¶25

SR.PP.SRI.SANTHOSH PETER

¶26

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶27

Crl.MC.No. 819 of 2019

¶28

¶29

O R D E R

¶30

The petitioners are the accused in Crime No.2224/2018 registered at the Punalur Police Station, Kollam District for offences punishable under Sections 294 (b), 354 r/w Section 34 of IPC. The 3^{Rd r} espondent herein is the de facto complainant. This Crl.M.C. is filed seeking to quash the proceedings in Crime No.2224/2018 registered at the Punalur Police Station, Kollam District, on the ground that the issue leading to the registration of the crime has been amicably settled between the petitioners and the 3^rd respondent.

¶31

Heard the learned counsel for the petitioners, the learned counsel for the 3^rd respondent and the learned Public Prosecutor.

¶32

Having perused the affidavit filed by the 3^rd respondent, the contents of which is submitted to be true and voluntary by the learned counsel for the 3^rd respondent, I am satisfied that the matter has been amicably settled and that no public interest is involved in this matter. Hence, there is no impediment in granting the relief sought.

¶33

Crl.MC.No. 819 of 2019

¶34

¶35

In the result, this Crl.M.C. is allowed. The proceedings in

¶36

Crime No.2224/2018 registered at the Punalur Police Station,

¶37

Kollam District is quashed.

Sd/-

V.G.ARUN

nak

JUDGE

Crl.MC.No. 819 of 2019

¶43

¶44

APPENDIX

¶45

PETITIONERS' EXHIBITS:

¶46

ANNEXURE 1 THE COPY OF FIR WITH FIS IN CRIME NO.2224/2018 OF PUNALUR POLICE STATION. ANNEXURE 2 THE AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANT/3RD RESPONDENT DATED 26.11.2018.

¶47

//True copy//

¶48

P.A.To JUDGE

Abhilash, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abhilash, 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

Similar cases

Ratheesh.B Vs State of Kerala

V.a.Illyas Vs State of Kerala

Mehmood Musammil Vs State of Kerala

Syamkumar, Vs State of Kerala

Aboobacker.M.a Vs State of Kerala

Anu Sankar, Vs State of Kerala