Allowed

Akhil K.J. v. the Sub Inspector of Police

Kerala HC16 Mar 2020Crl.MC/1451/2020

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition, quashing proceedings against five accused alleged of theft under IPC 379. The court relied on an affidavit from the defacto complainant confirming amicable settlement, no grievance, and absence of public interest.

What did the court decide?

Criminal miscellaneous matter allowed and proceedings against petitioners in Crime No.386/2019 quashed; petitioners discharged.

Akhil K.J. Vs the Sub Inspector of Police — Cheating and Forgery | Kerala HC (2020)

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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 ASHOK MENON

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MONDAY, THE 16TH DAY OF MARCH 2020 / 26TH PHALGUNA, 1941

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Crl.MC.No.1451 OF 2020(B)

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CRIME NO.386/2019 OF Ambalavayal Police Station, Wayanad

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PETITIONERS/ACCUSED:

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1 AKHIL K.J., AGED 22 YEARS, S/O.JAYARAJ, KOTTAYAIL HOUSE, KALATHUVAYAL.P.O., WAYANAD-673593.

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2 SUNIL, AGED 22 YEARS, S/O.SUNDARAN, KARAMKOLLI COLONY, KUMBALERI.P.O., WAYANAD-673591.

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3 SUNEEP, AGED 20 YEARS, S/O.SUNDARAN, KARAMKOLLI COLONY, KUMBALERI.P.O., WAYANAD-673591.

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4 RINS FRANCIS, AGED 22 YEARS, S/O.FRANCIS, OVUNKAL HOUSE, KALATHUVAYAL.P.O., WAYANAD-673593.

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5 AMALJITH FRANCIS, AGED 22 YEARS, S/O.FRANCIS, MAROTTIYAKKIL HOUSE, KUMBALERI.P.O., WAYANAD-673591.

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BY ADV. SRI.V.A.VINOD

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Crl.M.C.No.1451 of 2020

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1 THE SUB INSPECTOR OF POLICE, AMBALAVAYAL POLICE STATION, WAYANAD.

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2 STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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3 ARUN LAL, AGED 41 YEARS, S/O.SASIDHARAN, KOTTAYIL, ARUNALAYAM, KALATHUVAYAL, AMBALAVAYAL, WAYANAD-673593.

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R1-R2 BY SRI HRITHWIK C S, SR.PP R3 BY ADV. SHAKTHI PRAKASH

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OTHER PRESENT:

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.1451 of 2020

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O R D E R

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Dated this the 16th day of March 2020

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The petitioners are accused in Crime No.386/2019

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of Ambalavayal Police Station, Wayanad for having allegedly committed the offences punishable under Section 379 of the I.P.C. The defacto complainantaggrieved is the 3^rd respondent herein, who has appeared in person and also filed an affidavit

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stating that the matter has been amicably settled

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with the petitioners and that he has no existing

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grievance against them. Even through the

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investigating officer had filed a statement to the effect that the defacto complainant is not wiling to settle the matter, he has now appeared before this

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Court in person and stands by the affidavit at Annexure II filed by him stating that he has no

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objection in settling the matter. He is also represented by a Counsel. The petitioners do not

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have any criminal antecedents and no public interest is involved.

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Crl.M.C.No.1451 of 2020

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In the result, the Crl.M.C. is allowed and the entire proceedings as against the petitioners in Crime No.386/2019 of Ambalavayal Police Station, Wayanad stands quashed under Section 482 of Cr.P.C. and the petitioners are discharged.

Sd/-

ASHOK MENON

JUDGE

dkr

Crl.M.C.No.1451 of 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE I COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.386/2019. ANNEXURE II COPY OF THE AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT DATED 12.2.2020.

Akhil K.J. v. the Sub Inspector of Police

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Akhil K.J. v. the Sub Inspector of Police

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