Allowed

Sukesh v. State of Kerala

Kerala HC17 Dec 2021Crl.MC/1526/2021

Case brief

AI extract

What is this about?

The High Court of Kerala at Ernakulam exercised its inherent powers under Section 482 CrPC to quash criminal proceedings initiated under Sections 341, 323 and 506(i) IPC against petitioners. The court observed that the matter was settled between the petitioners and the defacto complainant, supported by the prosecution's acceptance and a counter-affidavit, leading to the exoneration of all accused

What did the court decide?

The criminal miscellaneous case is allowed; the final report in Crime No.1244/2015 is quashed and the entire proceedings in C.C.No.2594/2015 are quashed, exonerating the petitioners.

Sukesh Vs State of Kerala — Quashing and FIR | Kerala HC (2021)

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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 K.HARIPAL

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FRIDAY, THE 17^TH DAY OF DECEMBER 2021 / 26TH AGRAHAYANA, 1943

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CRL.MC NO. 1526 OF 2021

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(FOR QUASHING THE FINAL REPORT IN CRIME NO.1244/2015 OF VATTIYOORKAVU POLICE

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STATION, THIRUVANANTHAPURAM DISTRICT AND FOR CLOSING ALL FURTHER PROCEEDINGS IN

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C.C.NO.2594/2015 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II,

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NEDUMANGAD)

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PETITIONERS/ACCUSED 1 TO 3:

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1 SUKESH AGED 28 YEARS S/O. SUDARSAN, KEEZHEPANAYIL VEEDU, MELAMCODE, MANUKULADICHAMANGALAM, NEMOM P.O, THIRUVANANTHAPURAM - 695020. 2 ANANTHU AGED 26 YEARS S/O. GOPAKUMAR, MELE PARUMAKKARA VEEDU, OORUTTUKAALA, ATHIYANNOOR, NEYYATTINKARA P.O, THIRUVANANTHAPURAM - 695121. 3 SOORAJ AGED 27 YEARS S/O. JUSTIN RAJ, MELE PUTHEN VEEDU, GOTHAMBIKNNAM PALLI, MAILAMOODU WARD, ARUVIKKARA VILLAGE, THIRUVANANTHAPURAM DISTRICT - 695564. BY ADV A.S.SHAMMY RAJ

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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 - 682031. 2 MOHANA KUMAR AGED 48 YEARS S/O. SASIDHARAN NAIR, ASWATHI BHAVAN, CIRA - B4(1) IRUKUNNAM, NETTAYAM, PEROORKADA P.O, THIRUVANANTHAPURAM - 695005. BY ADV K.S.PRAVEEN

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.12.2021, THE

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COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.1526 of 2021

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ORDER

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Petitioners are the accused in Crime No.1244/2015 of Vattiyoorkavu police station, which was registered alleging offence punishable under Sections 341, 323 and 506(i) read with Section 34 of the IPC. The allegation is that on 11.09.2015 at 06:00 p.m, on the public road in front of the Central Polytechnic, on the side of the Mannarakkonam – Nettayam Public road, the accused persons had in furtherance of their common intention, wrongfully restrained the defacto complainant, who is the CW1 in the charge sheet and manhandled him and also threatened that he would be done away with. The petitioners have now approached this Court under Section 482 of the Cr.P.C for quashing the proceedings contending that the matter is settled with the 2^nd respondent, the defacto complainant.

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I heard the learned counsel for the petitioners, the learned counsel for the 2^nd respondent and also the learned Senior Public Prosecutor. Learned Senior Public Prosecutor on instruction has stated that the matter is settled.

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Annexure A2 affidavit of the 2^nd respondent also gives

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Crl.M.C.No.1526 of 2021

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sufficient hint that the matter is settled and he does not want to pursue the proceedings.

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It is also evident that C.C.No.2594/2015 is a counter case to C.C.No.2595/2015 on the File of the Judicial First Class Magistrate's Court-II, Nedumangad. Today by separate order on Crl.M.C.No.1514/2021 that case stands quashed and accused therein were exonerated. Petitioners 1 and 2 are the injured in the other case. That means, it was a composite settlement of both the cases and in the light of the same, entire proceedings in C.C.No.2594/2015 of the Judicial First Class Magistrate's Court-II, Nedumangad are also quashed and the petitioners shall stand exonerated.

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Crl.M.C is allowed as above.

Sd/-

K.HARIPAL

JUDGE

Jms/17.12

//True Copy// P.A to Judge

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Crl.M.C.No.1526 of 2021

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	APPENDIX OF CRL.MC 1526/2021
PETITIONER ANNEXURES
ANNEXURE A1	CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.
	1244/2015 OF VATTIYOORKAVU POLICE STATION., THIRUVANANTHAPURAM DISTRICT.
ANNEXURE 2	ORIGINAL AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED
	1.3.2021.

Sukesh v. State of Kerala

Case brief

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What did the court decide?

Sukesh v. State of Kerala

Case brief

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What did the court decide?

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