Allowed

Renju, v. the State of Kerala

Kerala HC5 Feb 2020Crl.MC/175/2020

Case brief

AI extract

What is this about?

In an acquittal petition under Section 482 Cr.P.C, the High Court of Kerala quashed criminal proceedings against two petitioners accused of IPC offences. The injunction relied on the settlement affidavit filed by de facta complainants and a report from the investigating officer.

What did the court decide?

The Crl.M.C. is allowed; the proceedings in S.C.No.661/2017 are quashed under Section 482 Cr.P.C.; the accused are discharged.

Renju, Vs the 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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WEDNESDAY, THE 05TH DAY OF FEBRUARY 2020 / 16TH MAGHA, 1941

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Crl.MC.No.175 OF 2020(B)

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IN SC NO.661/2017 OF ASSISTANT SESSIONS COURT, THIRUVANANTHAPURAM ARISING OUT OF CRIME NO.504/2014 OF THUMBA POLICE STATION

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PETITIONERS/ACCUSED 1 & 3:

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1 RENJU, AGED 29 YEARS, S/O. VENU, MAMAKKAT VILAKAM VEEDU, SHANTHI NAGAR JUNCTION, PALLITHURA WARD, ATTIPRA VILLAGE, THIRUVANANTHAPURAM - 695 581

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2 MANOJ @ MANASI MANOJ, AGED 29 YEARS, S/O. MOHANAN, MANAKATT VILAKAM VEEDU, MENAMKULAM VILLAGE WARD, (WARD NO.II) NEAR VILAYAMKULAM FATHIMA MATHA CHURCH, THIRUVANANTHAPURAM,- 695 582

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BY ADVS. SRI.ABDUL RAOOF PALLIPATH SRI.K.R.AVINASH (KUNNATH) SRI.PRAJITH RATHNAKARAN SRI. RAJ CAROLIN V.

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RESPONDENTS/DEFACTO COMPLAINANTS & STATE:

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

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2 THE STATION HOUSE OFFICER, THUMBA POLICE STATION, THIRUVANANTHAPURAM - 695 022

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3 SUJITH, AGED 26 YEARS,

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Crl.MC.No.175 OF 2020(B)

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S/O. SURENDRAN, “JAYASREE BHAVAN”, NEAR NEHRU JUNCTION, PALLITHURA WARD, ATTIPRA VILLAGE, THIRUVANANTHAPURAM - 695 586

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4 AKHIL, AGED 24 YEARS, S/O. ANIL KUMAR, MANAKATT VILAKAM VEEDU, NEAR NEHRU JUNCTION, TC 01/616(3), PALLITHARA WARD, ATTIPRA VILLAGE, THIRUVANANTHAPURAM - 695 581

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5 SUJU, AGED 29 YEARS, S/O. SURENDRAN, “JAYASREE BHAVAN”, NEAR NEHRU JUNCTION, PALLITHARA WARD, ATTIPRA VILLAGE, THIRUVANANTHAPURAM - 695 581

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R3-5 BY ADV. C.H.ABDUL RASAC

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OTHER PRESENT:

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SRI.C.S. HRITHWIK – SR. PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.175 OF 2020(B)

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ORDER

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Dated this the 5^th day of February, 2020

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The petitioners are accused in S.C.No.661/2017 on the

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files of the Assistant Sessions Court, Thiruvananthapuram, for
having allegedly committed offences punishable under Sections
323, 324, 308 and 427 read with Section 34 of the IPC. The
defacto complainant and injured are respondents 3 to 5 who have
appeared through counsel and filed affidavits to the effect that the
matter has been amicably settled with the petitioners and that
they do not have any grievance against them. It is also submitted
that there is a counter case pending as C.C.No.291/2016 in which
some of the respondents herein are accused and that also has
been settled. A report has also been obtained from the
Investigating Officer to that effect. It is submitted that
petitioners' 1 and 2 have some criminal antecedents but does not
appear to be serious offences for which the present settlement has
to be disregarded.

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In the result, the Crl.M.C is allowed and the entire
proceedings as against the petitioners in S.C.No.661/2017 on the

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Crl.MC.No.175 OF 2020(B)

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files of the Assistant Sessions Court, Thiruvananthapuram, shall
stand quashed under section 482 Cr.P.C and the accused are
discharged.

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 Sd/-
 ASHOK MENON
 JUDGE

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NR/05/02/20

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Crl.MC.No.175 OF 2020(B)

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APPENDIX

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PETITIONERS' EXHIBITS:

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ANNEXURE 1 TRUE COPY OF THE FINAL REPORT IN CRIME NO. 504/2014 OF THUMBA POLICE STATION, THIRUVANANTHAPURAM DISTRICT

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ANNEXURE 2	TRUE COPY OF THE 3RD RESPONDENT	AFFIDAVIT SWORN BY THE
ANNEXURE 3	TRUE COPY OF THE 4TH RESPONDENT	AFFIDAVIT SWORN BY THE
ANNEXURE 4	TRUE COPY OF THE 5TH RESPONDENT.	AFFIDAVIT SWORN BY THE

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RESPONDENTS' EXHIBITS: NIL

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// TRUE COPY// PA TO JUDGE

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Crl.MC.No.175 OF 2020(B)

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Renju, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Renju, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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