Allowed

Rakith v. State of Kerala

Kerala HC13 Feb 2020Crl.MC/70/2020

Case brief

AI extract

What is this about?

Hon'ble Court allowed Criminal Misc. Case No.70/2020(G) by quashing SC No.818/2019 filed against the petitioners. Based on the amicable settlement, non-life-threatening injuries, lack of antecedents, and absence of public interest, the court discharged the accused under Section 482 Cr.PC.

What did the court decide?

The criminal proceedings in SC No.818/2019 are quashed under Section 482 Cr.PC and the petitioners/accused are discharged.

Rakith 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 ASHOK MENON

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THURSDAY, THE 13TH DAY OF FEBRUARY 2020 / 24TH MAGHA, 1941

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Crl.MC.No.70 OF 2020(G)

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AGAINST THE ORDER/JUDGMENT IN SC 818/2019 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM

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CRIME NO.2639/2013 OF Palluruthy Police Station , Ernakulam

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PETITIONERS/ACCUSED:

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1 RAKITH, AGED 36 YEARS S/O.RAVIN, RAJI, V.O.ROAD, VADAKARA, KOZHIKODE DISTRICT.

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2 SAJEER, AGED 40 YEARS S/O.ISMAIL, MAREKKATTU HOUSE (AMEN MANZIL), NEAR AQUINOS COLLEGE, EDAKOCHI.

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3 SHAMEER BASHA, AGED 38 YEARS S/O.ANWAR BASHA, KANDATHIL PARAMBU HOUSE, THANGAL NAGAR, PALLURUTHY.

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4 SAINUDHEEN @ RAJU, AGED 41 YEARS S/O.SHAMSUDHEEN, C.C.V/2758, BHM KOMBARA MUKKU, PUTHIYA ROAD, MATTANCHERY.

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5 AFRIN @ AFRI, AGED 33 YEARS S/O.ASHRAF, C.C.1/2030, PANACHIKKAL HOUSE, NEAR LITTLE FLOWER CHURCH, KUNNUPURAM, FORT KOCHI.

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6 AJMAL @ AJU, AGED 29 YEARS S/O.HANEEF, KOONAMPARAMBU VEEDU, THANGAL NAGAR, PALLURUTHY.

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BY ADV. SRI.RASHEED C.NOORANAD

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Crl.MC 70/2020

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1 STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN- 682031.

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2 ASHKAR AGED 33 YEARS S/O.ASHRAF, PARODATH PARAMBU HOUSE, THANGAL NAGAR, PALLURUTHY KARA, EDAKOCHI, ERNAKULAM682006.

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R2 BY ADV. P.MOHAMMED ANZARI

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OTHER PRESENT:

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SRI E C BINEESH(PP)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC 70/2020

O R D E R

Dated this the 13th day of February 2020

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Petitioners are accused 1 and 5 to 9 in SC No.818/2019 on the files of the District and Sessions Court, Ernakulam for having allegedly committed offences punishable under Sections 341, 323, 324, 325, 419, 367 and 307 read with Section 34 IPC.

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The defacto complainant is the second respondent herein. He has appeared through counsel and filed an affidavit to the effect that the matter has been amicably settled with the petitioners and that he has no grievance against them. A report to that effect has also been obtained from the investigating officer through the learned Public Prosecutor. Even though there is an offence under Section 307 IPC, the injuries sustained were not life threatening. The petitioners

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do not have any criminal antecedents. There is no public interest involved.

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Crl.MC 70/2020

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In the result, the Criminal M.C. is allowed and the entire proceedings as against the petitioners herein in SC No.818/2019 on the files of the District and Sessions Court, Ernakulam shall stand quashed under Section 482 Cr.PC and the petitioners/accused are discharged.

Sd/-

ASHOK MENON

JUDGE

Crl.MC 70/2020

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE I TRUE COPY OF THE CHARGE SHEET IN S.C.NO.818/2019 OF DISTRICT COURT, ERNAKULAM.

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ANNEXURE II

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A TRUE COPY OF THE AFFIDAVIT DATED 05.12.2019 FILED BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT.

Rakith v. State of Kerala

Case brief

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Rakith v. State of Kerala

Case brief

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