Allowed

Sanil @ Sanal v. State of Kerala

Kerala HC3 Aug 2021Crl.MC/2846/2021

Case brief

AI extract

What is this about?

The High Court of Kerala quashed criminal proceedings for offences under Section 294(b) IPC and Section 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act upon receipt of an affidavit disclosing a genuine settlement between the parties.

What did the court decide?

The criminal miscellaneous case was allowed and the registered crime and all its further proceedings were quashed.

Sanil @ Sanal Vs State of Kerala — Caste Atrocities | 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 P.SOMARAJAN

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TUESDAY, THE 3^RD DAY OF AUGUST 2021 / 12TH SRAVANA, 1943

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CRL.MC NO. 2846 OF 2021

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PETITIONERS/ACCUSED 1 AND 2:

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1 SANIL @ SANAL, AGED 57 YEARS, S/O.DIVAKARAN, KALATHIL HOUSE, KUNDALIYUR P.O., PULINCHODU, ENGANDIYUR VILLAGE, VADANAPPALLY, CHAVAKKAD TALUK, THRISSUR 680 616

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2 GOKUL S/O.SANIL @ SANAL, AGED 25 YEARS, KALATHIL HOUSE, KUNDALIYUR P.O., PULINCHODU, ENGANDIYUR VILLAGE, VADANAPPALLY, CHAVAKKAD TALUK, THRISSUR 680 616

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BY ADVS. C.A.CHACKO C.M.CHARISMA ALEKH THOMAS

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RESPONDENT/S:

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1 STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031

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2 SHAIJU.K.K S/O.KUTTAN, AGED 40 YEARS, KADAVATH HOUSE, POKKULANGARA DESOM, ENGANDIYUR, VADANAPPALLY THRISSUR DISTRICT 680 615

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SR.G.P.SMT.S.SEETHA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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CRL.MC NO. 2846 OF 2021 2

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ORDER

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An affidavit sworn by the defacto complainant disclosing the factum of settlement arrived at with the accused not to prosecute the crime registered for the offence under Section 294(b) IPC and Section 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, is submitted

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It is submitted by the learned Public Prosecutor that she took instruction regarding the genuineness of the settlement arrived at by the parties and found it is voluntary and genuine. Inter alia it is contended by the petitioner that the real cause for the alleged dispute had arisen from a civil dispute pertaining to the right over a way. If it is proceeded further, it will not serve any purpose. The crime registered and all its further proceedings are hereby quashed in view of the settlement arrived at by the parties concerned.

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The Crl.M.C. is allowed accordingly.

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Sd/- P.SOMARAJAN JUDGE

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msp

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CRL.MC NO. 2846 OF 2021 3

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APPENDIX OF CRL.MC 2846/2021

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PETITIONER ANNEXURE

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Annexure A1 TRUE CITIZEN COPY OF FIR IN CRIME NO.179/2021 OF VADANAPPALLY POLICE STATION DATED 8/3/2021

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Annexure A2 AFFIDAVIT DATED 14/6/2021 OF 2ND RESPONDENT

Sanil @ Sanal v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sanil @ Sanal v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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