High Court quashed criminal proceedings under Section 482 Cr.PC after the de facto complainant settled with petitioners and stated he had no grievance, discharging the accused despite their other pending cases.
Criminal M.C. allowed; entire proceedings in CC No.759/2019 quashed under Section 482 Cr.PC; petitioners/accused discharged.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941
Crl.MC.No.128 OF 2020(E)
AGAINST ORDER/JUDGMENT IN CC NO.759/2019 ON THE FILES OF THE COURT OF ADDL.CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM
CRIME NO.217/2019 OF Petta Police Station , Thiruvananthapuram
PETITIONERS/ACCUSED 1 TO 5:
1 K.SREEKANTH, AGED 30 YEARS S/O. KARUPPUSWAMY, SREEPADMAM VEEDU, TC 30/260, KGRA-360, KALLUMOOD ROAD, ANAYARA P.O., THIRUVANANTHAPURAM-29.
2 ARUN @ SACHU, AGED 32 YEARS S/O. SUNIL KUMAR, GEETHAM BHAVAN, THENNORMOOLAVILAKAM, KALLIYOOR, NEMOM P.O., THIRUVANANTHAPURAM.
4 KRISHNADAS S.K. AGED 30 YEARS S/O. LATE SURENDRAN, GOKULAM BURMA ROAD, TC 13/1501(1), MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM.
5 SABARI S.L. AGED 24 YEARS S/O. LATE SURESH B. NAIR, TC 28/2620, VADAKKETHODIYIL VEEDU, CHETTIKULANGARA, THIRUVANANTHAPURAM-695 001.
BY ADVS. SMT.M.SANTHI (K/868/2011) SRI.G.RANJU MOHAN
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RESPONDENTS/COMPLAINANTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2 RAJEEV
AGED 47 YEARS S/O. PEETHAMBARAN, POTTIVILAKAMVEEDU, KGRA-426, KALLUMOODU, KADAKAMPILLY VILLAGE, ANAYARA P.O., THIRUVANANTHAPURAM-695 029.
R2 BY ADV. K.SATHEESH KUMAR
OTHER PRESENT:
SMT. V. SREEJA PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC 128/2020
O R D E R
Dated this the 9th day of March 2020
Petitioners are accused in Crime No.217/2019 of Pettah Police Station, Thiruvananthapuram for having allegedly committed offences punishable under Sections 294(b), 323, 324, 326 and 427 read with Section 34 IPC, in which final report has been filed and taken on file of the Additional Chief Judicial Magistrate's Court, Thiruvananthapuram as CC No.759/2019.
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against him, while the second petitioner has six other criminal cases pending against him. Those are for offences under Sections 323, 324 and 379 IPC. There is a case under the NDPS Act against the second petitioner. The injuries sustained by the second respondent herein were not life threatening.
In the result, the Criminal M.C. is allowed and the entire proceedings as against the petitioners herein in CC No.759/2019 on the files of the Additional
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Chief Judicial Magistrate's Court, Thiruvananthapuram shall stand quashed under Section 482 Cr.PC and the petitioners/accused are discharged.
Sd/-
ASHOK MENON
JUDGE
jg
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE CERTIFIED COPY OF THE FIR DATED 6.2.2019 IN CRIME NO.217/2019 OF PETTAH POLICE STATION, THIRUVANANTHAPURAM.
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT DATED 2.4.2019 IN CRIME NO.217/2019 OF PETTAH POLICE STATION, THIRUVANANTHAPURAM.
ANNEXURE A3 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT, DEFACTO COMPLAINANT IN THE ABOVE CRIME.
2 issues framed by the court
Whether the criminal proceedings can be quashed and the petitioners discharged due to settlement of dispute.
Whether the pendency of other criminal cases against petitioners precludes quashing of current proceedings.
2 provisions across 2 enactments
K.Sreekanth, Arun @ Sachu, Gazal, Krishnadas S.K., Sabari S.L.
State of Kerala
Rajeev
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
