Allowed

Suresh Kumar v. State of Kerala

Kerala HC16 Mar 2020Crl.MC/1538/2020

Case brief

AI extract

What is this about?

The High Court of Kerala quashed criminal proceedings against a petitioner accused of offences under Sections 294(b) and 308 IPC. The court allowed the Criminal Misc. Case based on an affidavit from the injured party stating the matter was amicably settled, injuries were not life-threatening, and no public interest was involved.

What did the court decide?

The Criminal M.C. is allowed; the entire proceedings against the petitioner in Crime No.887/2015 stand quashed, and the petitioner/accused is discharged.

Suresh Kumar Vs State of Kerala — Quashing and FIR | 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.1538 OF 2020(B)

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AGAINST THE ORDER/JUDGMENT IN LP NO.66/2019 ON THE FILES OF PRINCIPAL ASSISTANT SESSIONS COURT-I,TRIVANDRUM

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CRIME NO.887/2015 OF Sreekariyam Police Station , Thiruvananthapuram

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PETITIONER/ACCUSED:

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SURESH KUMAR AGED 39 YEARS S/O.GOPALAN, PUTHEN VILA PUTHUKUNNIL KADAYIL VEEDU, ULIYAZHUTHURA VILLAGE, POWDIKONAM WARD, POWDIKONAM P.O., PINCODE-695 588.

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BY ADV. SRI.JOSEPH RONY JOSE

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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

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2 KRISHNA DEV.D AGED 37 YEARS S/O.DEVARAJAN, KAYYANIKONATTU VEEDU, POWDIKONAM VILLAGE, POWDIKONAM P.O., PIN-695 588.

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R2 BY ADV. P.HARIDAS

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OTHER PRESENT:

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SRI HRITHWIK C S (SR) - P P

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC 1538/20

ASHOK MENON, J.

-----------------------------------Crl.MC No.1538 of 2020

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Dated this the 16^th day of March, 2020

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O R D E R

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Petitioner is the sole accused in SC No.470/2016, which is now consigned to the register of long pending cases as LP No.66/2019 on the files of the Principal Assistant Sessions Court-I, Thiruvananthapuram for having allegedly committed offences punishable under Sections 294(b) and 308 IPC.

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The defacto complainant/injured is the second respondent herein. He has appeared through counsel and filed Annexure-3 affidavit to the effect that the matter has been amicably settled with the petitioner and that he has no grievance against him. The injuries sustained by the second respondent were not life threatening. The petitioner does not have any criminal antecedents. There is no public interest involved. A report to the above effect has also been obtained from

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Crl.MC 1538/20

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the investigating officer through the learned Senior Public Prosecutor.

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In the result, the Criminal M.C. is allowed and the entire proceedings as against the petitioner herein in Crime No.887/2015 of Sreekariyam Police Station, presently pending as LP No.66/2019 on the files of the Principal Assistant Sessions Court-I, Thiruvananthapuram shall stand quashed under Section 482 Cr.PC and the petitioner/accused is discharged.

Sd/-

ASHOK MENON

JUDGE

Crl.MC 1538/20

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE 1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT DATED 18.08.2015 IN CRIME NUMBER 0887/2015 OF SREEKARIYAM POLICE STATION.

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ANNEXURE 2 CERTIFIED COPY OF THE FINAL REPORT DATED 14.12.2015 IN FIR NO.0887/2015 OF SREEKARIYAM POLICE STATION.

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ANNEXURE 3 ORIGINAL AFFIDAVIT SWORN BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT DATED 11.02.2020.

Suresh Kumar v. State of Kerala

Case brief

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Suresh Kumar v. State of Kerala

Case brief

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What did the court decide?

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