Allowed

Ashuthosh Kumar Sharma v. State of Kerala

Kerala HC7 Oct 2020Crl.MC/4972/2017

Case brief

AI extract

What is this about?

This judgment allows three connected criminal miscellaneous cases arising from distinct crimes in Ernakulam. The High Court quashed final reports and protest complaints under Section 482 CrPC because the matters were settled amicably between parties. The court noted the only non-compoundable offence (Section 395 IPC) involved ATM withdrawal during the day and held further proceedings would serve n

What did the court decide?

Final reports against the accused and protest complaints by the defacto complainant are quashed under Section 482 Cr.P.C. All Crl.M.C's are allowed.

Ashuthosh Kumar Sharma Vs State of Kerala — Criminal Trial and Appeal | 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 P.SOMARAJAN

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WEDNESDAY, THE 07TH DAY OF OCTOBER 2020 / 15TH ASWINA, 1942

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Crl.MC.No.4264 OF 2020(C)

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AGAINST THE ORDER/JUDGMENT IN SC 164/2014 OF ADDITIONAL DISTRICT COURT (ADHOC), ERNAKULAM

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CRIME NO.178/2012 OF PALARIVATTOM POLICE STATION, ERNAKULAM

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PETITIONERS/ACCUSED NO.1 AND 3 TO 5:

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1 RENJITH SHENOY, S/O .LATE SADASIVA COLONY,ELANJIKAL HOUSE,CHERIYAKADAVU,KANNAMALLY.P.O, ERNAKULAM DISTRICT.

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2 YOGANATHAN, S/O.VISWANATHAN,HOUSE NO.12/192, KURUPPANAM SWAMY KOVIL STREET, PARAMAKKUDY VILLAGE,RAMANATHAPURAM, TAMILNADU.

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3 FEBI MATHEW, S/O.PATHROSE.T.M,THOTTTIPARAYIL HOUSE, KANAKAPALAM.P.O,ERUMELY,KOTTAYAM DISTRICT.

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4 SHEMEER.K.H, S/O.HASSAN,THAZHATHUVEETIL HOUSE, KUTTIKATTUKARA.P.O, ELOOR,PATHALAM, KOCHI-683504.

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BY ADV. SRI.SUNIL V.MOHAMMED

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RESPONDENTS/STATE AND COMPLAINANT:

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1 STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, PALARIVATTOM POLICE STATION,ERNAKULAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,KOCHI-682031.

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2 ASHUTOSH KUMAR SHARMA, S/O.SUSHEEL KUMAR SHARMA, DOOR NO.71,RAM JANKI ROAD,CHAWANI BAZAR BASTI,AMORTHA.P.O, UTTARPRADESH-272127.

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R2 BY ADV. SMT.T.S.MAYA (THIYADIL) PUBLIC PROSECUTOR.SRI.RAMESH CHAND

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07.10.2020, ALONG WITH Crl.MC.7466/2014, Crl.MC.4972/2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.4264/2020 and connected cases 2

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶21

PRESENT

¶22

THE HONOURABLE MR. JUSTICE P.SOMARAJAN

¶23

WEDNESDAY, THE 07TH DAY OF OCTOBER 2020 / 15TH ASWINA, 1942

¶24

Crl.MC.No.7466 OF 2014

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AGAINST THE ORDER/JUDGMENT IN SC 164/2014 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - VII, ERNAKULAM

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CRIME NO.178/2012 OF PALARIVATTOM POLICE STATION, ERNAKULAM

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PETITIONER/2ND ACCUSED:

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RATHEESH C.C S/O.CHANDRAN P.M., PADINJARE CHAKKASSERI HOUSE, PANAVALLY P.O., CHERTHALA, ALAPPUZHA DISTRICT-688566.

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BY ADV. SRI.SUNIL V.MOHAMMED

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RESPONDENTS/STATE AND COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALARIVATTOM POLICE STATION, ERNAKULAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-682031.

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2 ASHUTOSH KUMAR SHARMA

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S/O.SUSHEEL KUMAR SHARMA, DOOR NO.71, RAM JANKI ROAD, CHAWANI BAZAR BASTI, AMORHA P.O., UTTARPRADESH-272127.

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R2 BY ADV. SMT.T.S.MAYA (THIYADIL) PUBLIC PROSECUTOR SRI.RAMESH CHAND

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07.10.2020, ALONG WITH Crl.MC.4972/2017, Crl.MC.4264/2020(C), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.4264/2020 and connected cases 3

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶38

PRESENT

¶39

THE HONOURABLE MR. JUSTICE P.SOMARAJAN

¶40

WEDNESDAY, THE 07TH DAY OF OCTOBER 2020 / 15TH ASWINA, 1942

¶41

Crl.MC.No.4972 OF 2017

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AGAINST THE ORDER/JUDGMENT IN CC 48/2016 OF JUDL.M.F.C.I,ERNAKULAM

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CRIME NO.1046/2012 OF PALARIVATTOM POLICE STATION, ERNAKULAM

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PETITIONER/ACCUSED:

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ASHUTHOSH KUMAR SHARMA

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S/O SUSHEEL KUMAR SHARMA, DOOR NO.71, RAM JANAKI ROAD, CHAWANI BAZAR BASTHI, AMORHA P.O, UTTARPRADESH-272127

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BY ADVS.

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SMT.T.S.MAYA (THIYADIL) SRI.K.RAJEEV (THIYADIL) SMT.K.A.SUNITHA SRI.T.VENUGOPALAN

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RESPONDENT/COMPLAINANT:

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1 STATE OF KERALA

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REPRSENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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2 RENJITH SHENOY AGED 28 YEARS, S/O LATE SADASIVA SENOY ELENJIKKAL HOUSE, CHERIYAKADAUVU, KANNAMALY ERNAKULAM DISTRICT.

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R1-2 BY ADV. SMT.M.S.NEETHUMOL R1-2 BY ADV. SRI.SUNIL V.MOHAMMED PUBLIC PROSECUTOR SRI.RAMESH CHAND

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07.10.2020, ALONG WITH Crl.MC.7466/2014, Crl.MC.4264/2020(C), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.4264/2020 and connected cases 4

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ORDER

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Case and counter case settled between the parties

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amicably, including the respective defacto complainant. Affidavit sworn by the respective defacto complainant submitted. The only non compoundable offence is the offence alleged under Section 395 IPC, on the ground that the accused person forced the defacto complainant to take up some money from ATM during day time. Since the matter is settled out of court between the parties amicably, no purpose will be served, if it is proceeded further. It would be a misuse of process of the court. Hence all the final reports against the accused person and protest complaint preferred by the defacto complainant are hereby quashed under Section 482 Cr.P.C.

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All the Crl.M.C.'s are allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

msp

Crl.MC.4264/2020 and connected cases 5

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APPENDIX OF Crl.MC 4264/2020

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 TRUE COPY OF THE FINAL REPORT DATED 02.06.2012 SUBMITTED JFCM COURT-1,ERNAKULAM ANNEXURE A2 TRUE COPY OF THE LETTER GIVEN TO WRITING BY THE 2ND RESPONDENT. ANNEXURE A3 TRUE COPY OF THE PROTEST COMPLAINT FILED BEFORE THE JFCM-1,COURT,ERNAKULAM ANNEXURE A4 TRUE COPY OF THE INTERIM ORDER DATED 6.01.2015 IN CRL.M.A.NO.12108/2014 IN CRL.M.C.NO.7466/2014.

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Crl.MC.4264/2020 and connected cases 6

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APPENDIX OF Crl.MC 7466/2014

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 TRUE COPY OF THE FINAL REPORT DT.2-6-2012 SUBMITTED BY THE POLICE. ANNEXURE A2 TRUE COPY OF THE LETTER GIVEN IN WRITING BY R2. ANNEXURE A3 TRUE COPY OF THE APPLICATION DT.25-4-2014 SUBMITTED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT, 2005 BEFORE THE PALARIVATTOM POLICE. ANNEXURE A4 TRUE COPY OF THE NOTICE U/S.157 OF THE CRPC DT.30-5-2014 ISSUED BY THE POLICE. ANNEXURE A5 TRUE COPY OF THE PROTEST COMPLAINT FILED BEFORE THE JFCM-1 COURT, ERNAKULAM.

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Crl.MC.4264/2020 and connected cases 7

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APPENDIX OF Crl.MC 4972/2017

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 COPY OF THE PROTEST COMPLAINT FILED BY THE 2ND RESPONDENT BEFORE JFCM I COURT, ERNAKULAM DATED 29/12/2014 ANNEXURE A2 FINAL REPORT IN CRIME NO 178/2012 FILED BY SI OF POLICE PALARIVATTOM POLICE STATION AGAINST THE COMPLAINT FIELD BY THE PETITIONER DATED 31/1/2012 //TRUE COPY// P.A. TO JUDGE

Ashuthosh Kumar Sharma v. State of Kerala

Case brief

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Ashuthosh Kumar Sharma v. State of Kerala

Case brief

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