Allowed

Biju P v. State of Kerala

Kerala HC13 Mar 2020Crl.MC/888/2020

Case brief

AI extract

What is this about?

High Court of Kerala criminal miscellaneous petition allowed. Petitioners were accused in compoundable offences under IPC. Respondents de facto complainants reported amicable settlement. Court ordered quashing of proceedings and discharge of accused citing lack of public interest and non-grave injury.

What did the court decide?

Crl.M.C. allowed; proceedings in S.C. 484/2015 quashed under Section 482 of Cr.P.C.; accused discharged.

Biju P 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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FRIDAY, THE 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941

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Crl.MC.No.888 OF 2020(A)

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AGAINST THE ORDER/JUDGMENT IN SC 484/2015 OF SUB COURT, PAYYANNUR CRIME NO.443/2014 OF Thaliparamba Police Station , Kannur

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PETITIONER/S:

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1 BIJU P AGED 36 YEARS S/O.BALAN, PANNIYERI HOSE, PATTUVUM AMSON, KAYYENTHADOM, TALIPARAMBA TALUK, KANNUR DT.-670143.

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2 VANEESH.K.V. AGED 28 YEARS

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S/O.BHASKARAN, KALLUVALLAPIL, AREYIL, PATTUVUM AMSON, TALIPARAMBA TALUK, KANNUR DT.-670143.

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3 U.V.DINESHAN AGED 49 YEARS S/O.KUNHIRAMAN, UBRIVALLAPPIL HOUSE, MULLOOL, PATTUVUM AMSON, TALIPARAMBA TALUK, KANNUR DT.-670143.

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4 U.V.SAREETH AGED 32 YEARS S/O.SAVITHRI, UBRIVALLAPPIL HOUSE, MULLOOL, PATTUVUM AMSON, TALIPARAMBA TALUK, KANNUR DT.-670143.

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5 V.V.GANESHAN AGED 35 YEARS

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S/O.PAPPAN, VELLIYAVEETTIL HOUSE, MULLOOL, PATTUVUM AMSON, TALIPARAMBA TALUK, KANNUR DT.-670143.

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6 DENNIS.N. AGED 38 YEARS

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S/O.KUNHIRAMAN, NARICHUVAN HOUSE, MURICHUVAN HOUSE, MURIYATHODU, PATTUVUM AMSON, TALIPARAMBA TALUK, KANNUR DT.-670143.

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7 CHITTARI SAJEEVAN AGED 39 YEARS

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S/O.PANNIYERI RAJAN, CHITTARI HOUSE, PATTUVUM AMSON, TALIPARAMBA TALUK, KANNUR DT.-670143.

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BY ADV. SMT.P.SHEEBA

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Crl.MC.No.888 OF 2020(A) 2

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RESPONDENT/S:

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1 STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2 C.NARAYANAN, AGED 53, S/O.KUNHIRAMAN, CHERUVODAN HOUSE, KAYYAM, PATTUVAM AMSON, TALIPARAMBA TALUK, KANNUR DT.670143.

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3 MUKTHAR, AGED 23, S/O.JOLAL, MADATHIL HOUSE, MUTHUKUDA, PATTUVUM.P.O., PATTUVUM AMSON, TALIPARAMBA TALUK, KANNUR DT.-670143.

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4 ANSAR, AGED 26, S/O.UMMER, K.P.HOUSE, AREYIL, PATTUVAM AMSON, TALIPARAMBA TALUK, KANNUR DT.-670143.

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R2-4 BY ADV. VISHAK.K.JOHNSON

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OTHER PRESENT:

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SMT. V. SREEJA PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.888 OF 2020(A) 3

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O R D E R

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Dated this the 13th day of March 2020

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Petitioners are accused in S.C.No.484/2015 on the files

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of the Assistant Sessions Court, Payyannur for having allegedly committed offences punishable under Sections 143, 147, 148, 341, 323, 324, 325, 308 and 427 r/w Section 149 of IPC.

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The de facto complainant and injured are respondents 2 to 4. They have appeared through counsel and filed affidavits to the effect that the matter has been amicably settled with the petitioners and that they do not have any grievance against them. A report to that effect has also been obtained from the investigating officer. The petitioners do not have any criminal antecedents. There is no public interest involved. The injury sustained by the injured is not life threatening.

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In the result, the Crl.M.C is allowed and the entire proceedings as against the petitioners in S.C. No.484/2015

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Crl.MC.No.888 OF 2020(A) 4

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on the files of the Assistant Sessions Court, Payyannur stands quashed under Section 482 of Cr.P.C. and the accused are discharged.

SD/-

ASHOK MENON

JUDGE

rmm

Crl.MC.No.888 OF 2020(A) 5

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE 1 COPY OF THE FINAL REPORT SUBMITTED BY THE POLICE IN CR.NO.443/2014 OF TALIPARAMBA POLICE STATION, (IN S.C.NO.484/2015 OF ASST. SESSIONS COURT PAYYANNUR). ANNEXURE 2 COPY OF WOULD CERTIFICATE OF THE SECOND RESPONDENT ISSUED BY LOURDE HOSPITAL. ANNEXURE 3 COPY OF WOULD CERTIFICATE OF THE SECOND RESPONDENT ISSUED BY LOURDE HOSPITAL. ANNEXURE 4 COPY OF WOULD CERTIFICATE OF THE FOURTH RESPONDENT ISSUED BY LOURDE HOSPITAL. ANNEXURE 5 COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT. ANNEXURE 6 COPY OF THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT. ANNEXURE 7 COPY OF THE AFFIDAVIT SWORN BY THE 4TH RESPONDENT.

Biju P v. State of Kerala

Case brief

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What did the court decide?

Biju P v. State of Kerala

Case brief

What is this about?

What did the court decide?

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