Allowed

Vishnu v. State of Kerala

Kerala HC5 Feb 2020Crl.MC/8497/2019

Case brief

AI extract

What is this about?

The High Court of Kerala quashed criminal proceedings under Section 482 Cr.P.C. against six petitioners. The court held that since the offences were not serious and the matter was amicably settled between the de facto complainant and injured respondents, the pendency of the case against one accused did not warrant continuation of proceedings against all. All accused were discharged.

What did the court decide?

The Criminal Miscellaneous case was allowed and the entire proceedings in S.C.No.263/2019 against all petitioners were quashed and accused discharged.

Vishnu Vs 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.8497 OF 2019(B)

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AGAINST THE ORDER/JUDGMENT IN SC 263/2019 OF ASSISTANT SESSIONS COURT, CHAVAKKAD

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CRIME NO.1946/2017 OF Kunnamkulam Police Station , Thrissur

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PETITIONER/S:

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1 VISHNU AGED 24 YEARS S/O JAYANANDAN , THAMARASSERY HOUSE, KIDANGOOR, MARATHAMCODE, CHIRAMANENGAD, TRICHUR DISTRICT , PIN680 604.

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2 KIRAN

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AGED 23 YEARS

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S/O BABU , KAREKKATT HOUSE, KIDANGOOR, MARATHAMCODE, CHIRAMANENGAD, THRISSUR DISTRICT, PIN- 680 604.

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3 SHEFEER

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AGED 26 YEARS

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S/O ABDUL SALAM , KELAMPULAYAKKAL HOUSE, ERUMAPETTY, KARIYANNUR VILLAGE, THRISSUR DISTRICT - 679305.

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4 SHEMEER

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AGED 26 YEARS S/O SIDDIQUE, PUTHENPEEDIKAYIL HOUSE,ERUMAPETTY, KARIYANNUR VILLAGE, THRISSUR DISTRICT, PIN- 679 305.

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5 VINOD

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AGED 33 YEARS

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S/O NADAKUMAR, PUTHUKULANGARA HOUSE, MARATHAMCODE, CHIRAMANENGAD VILLAGE, THRISSUR DISTRICT, PIN680604.

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6 SUBIL

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AGED 25 YEARS S/O SUKUMARAN, KANDHIRUTHY HOUSE, KANIPPAYYUR, CHOWANNUR VILLAGE- 680 503, THRISSUR DISTRICT.

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Crl.MC.No.8497 OF 2019(B) 2

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7 NIMAL

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AGED 23 YEARS S/O MOHANAN, KOTTARAPPATT HOUSE, KIDANGOOR MARATHAMCODE, CHIRAMANENGAD VILLAGE, THRISSUR DISTRICT, PIN- 680 604.

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BY ADV. SRI.SUMODH MADHAVAN NAIR

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM, PIN- 682 503.

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2 SHANAVAS

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AGED 29 YEARS

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S/O AZEEZ, PUTHUVEETTIL HOUSE, NALAKATH HOUSE, VELLITHIRUTHY DESOM, CHOWANNUR VILLAGE, KUNNAMKULAM TALUK, THRISSUR DISTRICT- 680 503.

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3 SHAMEER

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AGED 27 YEARS S/O ISMAIL, NALAKATH HOUSE, VELLITHURUTHY DESOM, CHOWANNUR VILLAGE, KUNNAMKULAM TALUK, THRISSUR DISTRICT - 680503.

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R2-3 BY ADV. T.A.PRAKASH

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OTHER PRESENT:

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SRI C.S.HRITHWIK SR PP

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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.8497 OF 2019(B) 3

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O R D E R

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Dated this the 5th day of February 2020

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Petitioners are accused in S.C No.263/2019 on the files of the Assistant Sessions Court, Chavakkad for having allegedly committed offences punishable under Sections 143, 147, 148, 341, 323, 324 and 308r/w Section 149 of IPC.

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The de facto complainant and injured are respondents 2 and 3. They have appeared through counsel and filed affidavits to the effect that the matter has been amicably settled and that they do not have any grievance against the petitioners. A report to that effect has also been obtained from the investigating officer but it is pointed out that 1^st petitioner has criminal antecedents and is involved in five other cases. From the report, it is seen that the offences alleged are not very serious but need to be taken care of which the police authorities can take appropriate action.

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In view of the full and final settlement with respondents 2 and 3, I find that the pendency of criminal case

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Crl.MC.No.8497 OF 2019(B) 4

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against the 1^st petitioner alone need not be an embargo in quashing the proceedings in this particular case. There is no public interest.

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In the result, the Crl.M.C is allowed and the entire proceedings in S.C.No.263/2019 on the files of the Assistant Sessions Court, Chavakkad against the petitioners stands quashed under Section 482 of Cr.P.C. and the accused are discharged.

Sd/-

ASHOK MENON

JUDGE

rmm

Crl.MC.No.8497 OF 2019(B) 5

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 CERTIFIED COPY OF THE FIR DATED 3/11/2017 DETAILING THE COMMISSION OF OFFENCES ALLEGED AGAINST THE PETITIONERS AND REGISTERED AS CRIME NO.1946/2017 BY THE S.I OF POLICE , KUNNAMKULAM POLICE STATION.

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ANNEXURE A2 CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO.1946/2017 FOR OFFENCES UNDER SECTIONS 143,147,148,341,323,324 READ WITH 149 OF THE INDIAN PENAL CODE DATED 23/6/2018 AND SUBMITTED BY THE SI OF POLICE , KUNNAMKULAM POLICE STATION BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT , KUNNAMKULAM.

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ANNEXURE A3 THE ORIGINAL AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANT (CWI) DATED 27TH DAY OF AUGUST 2019.

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ANNEXURE A4 THE ORIGINAL AFFIDAVIT SWORN BY THE 2ND INJURED WITNESS (CW2) DATED 27TH DAY OF AUGUST,2019.

Vishnu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Vishnu v. State of Kerala

Case brief

What is this about?

What did the court decide?

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