Allowed

Dhanesh v. State of Kerala

Kerala HC9 Nov 2020Crl.MC/5462/2019

Case brief

AI extract

What is this about?

The High Court of Kerala quashed criminal proceedings initiated under Sections 457 and 381 IPC for theft involving a servant. The petition was filed for quashing after the de facto complainant filed an affidavit stating the matter was settled, concluding further proceedings served no purpose.

What did the court decide?

Quashing of the entire criminal proceedings initiated against the accused in both Crl.M.Cs.

Dhanesh Vs State of Kerala — Quashing and FIR | Kerala HC (2020)

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Crl.M.C.Nos.5462 & 5438/2019 1

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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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MONDAY, THE 09TH DAY OF NOVEMBER 2020 / 18TH KARTHIKA, 1942

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Crl.MC.No.5462 OF 2019(C)

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LP 126/2014 (C.C.No.9/2014) OF CHIEF JUDICIAL MAGISTRATE, KOLLAM

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CRIME NO.2348/2013 OF KOLLAM EAST POLICE STATION, KOLLAM

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PETITIONER/ACCUSED:

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DHANESH, AGED 36 YEARS, S/o MOHANAN, PALLIKKAL KIZHAKKATHIL VEEDU, JANAKEEYA NAGAR-8, EAST OF ULIYAKOVIL TEMPLE, ULIYAKOVIL CHERRY, KOLLAM EAST VILLAGE, KOLLAM DISTRICT-691001.

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BY ADVS.SRI.K.SIJU SMT.S.SEETHA

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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-31.

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2 THE STATION HOUSE OFFICER, KOLLAM EAST POLICE STATION, KOLLAM-691001.

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3 SHINU, AGED 36 YEARS, S/o SHANMUGHAN, 'SHINE NIVAS', KARUVELIL WARD, PAVITHRESWARAM VILLAGE, KOLLAM DISTRICT-691507.

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R3 BY ADV. A.MUHAMMED RAFFI BY PUBLIC PROSECUTOR SRI. RAMESH CHAND

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09.11.2020 ALONG WITH Crl.MC.5438/2019(H). THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.Nos.5462 & 5438 of 2019

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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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MONDAY, THE 09TH DAY OF NOVEMBER 2020 / 18TH KARTHIKA, 1942

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Crl.MC.No.5438 OF 2019(H)

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CC No.3073/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

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CRIME NO.2007/2013 OF ERAVIPURAM POLICE STATION, KOLLAM

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PETITIONER/ACCUSED:

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DHANESH, AGED 36 YEARS, S/o MOHANAN, PALLIKKAL KIZHAKKATHIL VEEDU, JANAKEEYA NAGAR-8, EAST OF ULIYAKOVIL TEMPLE, ULIYAKOVIL CHERRY, KOLLAM EAST VILLAGE, KOLLAM DISTRICT- 691001.

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BY ADVS.SRI.K.SIJU SMT.S.SEETHA

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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- 31.

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2 THE STATION HOUSE OFFICER, ERAVIPURAM POLICE STATION, KOLLAM- 691011.

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3 SHINU, AGED 36 YEARS, S/o SHANMUGHAN, SHINE NIVAS, KARUVELIL WARD, PAVITHRESWARAM VILLAGE, KOLLAM DISTRICT- 691507.

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R3 BY ADV. A.MUHAMMED RAFFI BY PUBLIC PROSECUTOR SRI. RAMESH CHAND.

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09.11.2020 ALONG WITH Crl.MC.5462/2019(C). THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.Nos.5462 & 5438 of 2019

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ORDER

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The offences alleged are under Sections 457 and 381 IPC alleging the commission of theft of article in possession of servant during the course of discharge of official function. The defacto complainant filed an affidavit by which the matter was settled between the parties. If it is proceeded further, it will not serve any purpose. As such, for the ends of justice, both the Crl.M.Cs are allowed by quashing the entire proceedings initiated against the accused.

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Both the Crl.M.C.s are allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

DMR/-

Crl.M.C.Nos.5462 & 5438/2019

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APPENDIX OF Crl.MC 5462/2019

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PETITIONER'S ANNEXURES:

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ANNEXURE 1 THE CERTIFIED COPY OF FIR IN CRIME NO.2348/2013 OF KOLLAM EAST POLICE STATION. ANNEXURE 2 THE CERTIFIED COPY OF FINAL REPORT IN CRIME NO.2348/2013 OF KOLLAM EAST POLICE STATION. ANNEXURE 3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT REGARDING SETTLEMENT DATED 28.6.2019.

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RESPONDENTS' ANNEXURE: NIL

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// TRUE COPY //

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P.A. TO JUDGE

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Crl.M.C.Nos.5462 & 5438/2019

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APPENDIX OF Crl.MC 5438/2019

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PETITIONER'S ANNEXURES:

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ANNEXURE 1 THE CERTIFIED COPY OF FIR IN CRIME NO.2007/2013 OF ERAVIPURAM POLICE STATION.

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ANNEXURE 2 THE CERTIFIED COPY OF FINAL REPORT IN CRIME NO.2007/2013 OF ERAVIPURAM POLICE STATION.

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ANNEXURE 3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT REGARDING SETTLEMENT DATED 28.06.2019.

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RESPONDENTS' ANNEXURE: NIL

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// TRUE COPY //

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P.A. TO JUDGE

Dhanesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Dhanesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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