The High Court of Kerala allowed a criminal miscellaneous petition seeking quashing of FIR and proceedings regarding an alleged assault and property damage, holding that the matter was amicably settled with no public interest involved.
The entire proceedings in C.C.No.178/2015 were quashed and the petitioners were 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
FRIDAY, THE 07TH DAY OF FEBRUARY 2020 / 18TH MAGHA, 1941
Crl.MC.No.260 OF 2020(B)
AGAINST THE ORDER/JUDGMENT IN CC 178/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS-II, PERAMBRA
CRIME NO.232/2013 OF Atholy Police Station, Kozhikode
PETITIONERS/ACCUSED:
1 M.R.SANEESH, AGED 42 YEARS, S/O. GOPALAN, NADUVILEMEKKATTU HOUSE, NADUVANNOOR P.O., KOZHIKODE673614.
2 KALESH, AGED 34 YEARS, S/O. KARUNANA, VALIYAPURATH HOUSE, P.O. KARUVANOOR, NADUVANOOR, KOZHIKODE-680711.
3 AKKAPOYIL PRABEESH, AGED 29 YEARS, S/O. MADHAVAN, AMAYATTU HOUSE, NADUVANOOR, KOZHIKODE-673614.
4 MATHAI @ ANEESH, AGED 34 YEARS, S/O. GOVINDAN, KUTTIKATTIL HOUSE, NADUVANOOR, KOZHIKODE-673614.
5 RASHID, AGED 30 YEARS, S/O. ABDUL RAZAK, PEEDIKAKANDI HOUSE, P.O. PANANGAD, BALUSSERY, KOZHIKODE-673612.
6 RENJITH, AGED 32 YEARS, S/O. RAMACHANDRAN, VALIYAPURATH HOUSE, P.O. KARUVANNUR, NADUVANOOR, KOZHIKODE-680711.
BY ADV. SRI.MANSOOR.B.H.
Crl.M.C.No.260 of 2020
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RESPONDENTS/STATE & DEFACTO COMPLAINANT:
2 STATION HOUSE OFFICER, ATHOLY POLICE STATION, KOZHIKODE DISTRICT-673315.
3 BIJU, AGED 43 YEARS, S/O. GOVINDAN, PUNATHIL HOUSE, P.O. THURUTHIYAD, BALUSSERY, KOZHIKODE-673004.
4 SANTHOSH C., AGED 46 YEARS, S/O. DIVAKARAN, CHERUR HOUSE, P.O. MITHRAKKARI, ALAPPUZHA DISTRICT-689595.
5 VISWAMBHARAN, AGED 56 YEARS, S/O. UNNI NAIR, SOUPARNIKA HOUSE, KARAYATTUTHAZHA, KOTHANKAL, P.O. MODAKKALLUR, KOZHIKODE-673315.
R1-R2 BY SMT. M.K. PUSHPALATHA, PP R3-R5 BY ADV. JANET JOB
OTHER PRESENT:
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.260 of 2020
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O R D E R
Dated this the 7th day of February 2020
The petitioners are accused in C.C.No.178/2015 on
the file of the Judicial First Class Magistrate Court-II, Perambra, for having allegedly committed the offences punishable under Sections 143, 147, 341, 323, 325 read with Section 149 of I.P.C. and Section 3 read with 4 of the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of violation and Damage to Property) Act. The defacto complainant-injured are respondents 3 to
5 herein, who have appeared through a Counsel and have filed affidavits stating that the matter has been amicably settled and that they have 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
not have any criminal antecedents and no public interest is involved.
Crl.M.C.No.260 of 2020
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In the result, the Crl.M.C. is allowed and the entire proceedings as against the petitioners in C.C.No.178/2015 on the file of the Judicial First Class Magistrate Court-II, Perambra, stands quashed under Section 482 of Cr.P.C. and the petitioners are
discharged.
Sd/-
dkr
ASHOK MENON
JUDGE
Crl.M.C.No.260 of 2020
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.232/2013 OF ATHOLY POLICE STATION. ANNEXURE B AFFIDAVIT OF THIRD RESPONDENT. ANNEXURE C AFFIDAVIT OF FOURTH RESPONDENT. ANNEXURE D AFFIDAVIT OF FIFTH RESPONDENT.
1 issue framed by the court
Whether the criminal proceedings underSections 143, 147, 341, 323, 325 read with Section 149 of I.P.C.and Section 3 read with 4 of the Kerala Healthcare Service Persons and Healthcare Service Institut
3 provisions across 3 enactments
M.R. SANEESH
KALESH
AKKAPOYIL PRABEESH
MATHAI
RASHID
RENJITH
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
