Allowed

Sachin Chandran P.K., v. State of Kerala

Kerala HC12 Mar 2020Crl.MC/1637/2020

Case brief

AI extract

What is this about?

The Kerala High Court quashed a criminal second charge sheet filed under Sections 143, 147, 148, 341, 323, 324, 308 read with 149 of IPC against two accused, noting amicable settlement, no criminal antecedents, and non-serious injuries, holding that no public interest was involved warranting judicial intervention under Section 482 CrPC.

What did the court decide?

quashed proceedings in SC No. 84/2019 in the files of Assistant Sessions Court, Vatakara, and discharged the petitioners.

Sachin Chandran P.K., Vs State of Kerala — Quashing and FIR | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ASHOK MENON

¶4

THURSDAY, THE 12TH DAY OF MARCH 2020 / 22ND PHALGUNA, 1941

¶5

Crl.MC.No.1637 OF 2020(D)

¶6

AGAINST THE ORDER/JUDGMENT IN SC 84/2019 OF SUB COURT, VADAKARA CRIME NO.143/2018 OF Vadakara Police Station, Kozhikode

¶7

PETITIONERS/ACCUSED:

¶8

1 SACHIN CHANDRAN P.K., AGED 23 YEARS, S/O. CHANDRAN, PADINJARE KOMATH VEEDU, KEEZHAL P.O., KUTTOTH, VATAKARA TALUK, KOZHIKODE DISTRICT, PINCODE-673 104.

¶9

2 NIJIL.C., AGED 31 YEARS, S/O. PREMAN, PAIKKAATU THAZHE KUNIYIL VEEDU, KEEZHAL P.O., KUTTOTH, VATAKARA TALUK, KOZHIKODE DISTRICT, PINCODE -673 104.

¶10

BY ADV. SRI.B.MUHAMMED SHAHEEL

¶11

RESPONDENTS/STATE & DEFACTO COMPLAINANT:

¶12

1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682031, (INVESTIGATING OFFICER IN CRIME NO.143/2018 OF VATAKARA POLICE STATION, KOZHIKODE DISTRICT).

¶13

2 PRADOSH.M., AGED 24 YEARS, S/O. PRAMOD, PATTAYA STHALATH (H), PUTHUPPANAM,P.O., VATAKARA TALUK, KOZHIKODE DISTRICT, PINCODE -673 105.

¶14

R1 BY SRI. C.S.HRITHWIK, SR. PP R2 BY ADV. K.REEHA KHADER

¶15

OTHER PRESENT:

¶16

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶17

Crl.M.C.No.1637 of 2020

¶18

¶19

O R D E R

¶20

Dated this the 12th day of March 2020

¶21

The petitioners are accused in S.C.No.84/2019 on

¶22

the files of the Assistant Sessions Court, Vatakara,

¶23

for having allegedly committed the offences punishable under Sections 143, 147, 148, 341, 323,

¶24

324 and 308 read with Section 149 of I.P.C. The

¶25

defacto complainant-injured is the 2^nd respondent

¶26

herein, who has appeared through a Counsel and has filed an affidavit stating that the matter has been

¶27

amicably settled and that he has no existing grievance against the petitioners. A report has been filed by the investigating officer through the Senior Public Prosecutor to that effect. The petitioners do

¶28

not have any criminal antecedents and no public interest is involved. The injuries are not serious and life-threatening.

¶29

In the result, the Crl.M.C. is allowed and the

¶30

entire proceedings as against the petitioners in

¶31

Crl.M.C.No.1637 of 2020

¶32

¶33

S.C.No.84/2019 on the files of the Assistant Sessions

¶34

Court, Vatakara, stands quashed under Section 482 of

¶35

Cr.P.C. and the petitioners are discharged.

Sd/-

ASHOK MENON

JUDGE

dkr

Crl.M.C.No.1637 of 2020

¶41

¶42

APPENDIX

¶43

PETITIONER'S/S EXHIBITS:

¶44

ANNEXURE-A1	COPY OF	THE FIN	AL REPORT IN CRIME
	NO.143/201	8 OF VAT	AKARA POLICE STATION,
	KOZHIKODE	DISTRICT	PENDING BEFORE THE
	ASSISTANT	SESSIONS	COURT, VATAKARA AS SC
	84/2019
ANNEXURE-A2	AFFIDAVIT	SWORN BY T	HE 2ND RESPONDENT

Sachin Chandran P.K., v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sachin Chandran P.K., 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

D.Suresh Kumar Vs State of Kerala

Hadi Abdul Asees, Vs State of Kerala

Francis Xavier Vs State Police Chief

Kunjumon K. Vs State of Kerala

Sojan Vs State of Kerala

Nikhil Sadik Vs State of Kerala