Allowed

Reshma Omanakuttan v. State of Kerala

Kerala HC24 Feb 2022Crl.MC/1129/2022

Case brief

AI extract

What is this about?

The High Court of Kerala at Ernakulam quashed criminal proceedings in C.C. 1419 of 2021 alleging IPC offences of public scandal, assault, and obstruction. Relying on settlement between near relatives and the absence of serious injury or public interest, the court exonerated the sole accused.

What did the court decide?

Entire proceedings in C.C. No. 1419 of 2021 were quashed and the petitioner was exonerated.

Reshma Omanakuttan Vs State of Kerala — Kerala HC (2022) — LawSathi Research

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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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THURSDAY, THE 24^TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943

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CRL.MC NO. 1129 OF 2022

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AGAINST THE ORDER/JUDGMENT IN CC 1419/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PATHANAMTHITTA

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CRIME NO. 448/2021 OF PATHANAMTHITTA POLICE STATION

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PETITIONER/SOLE ACCUSED:

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RESHMA OMANAKUTTAN AGED 29 YEARS, W/O VISHNU K.S, KULANGARA KIZHAKKETHIL HOUSE, MALLASSERY P.O, PRAMADOM, KONNI TALUK, PATHANAMTHITTA DISTRICT FROM KADAKKALETHU VEEDU, PUTHANVEETILPPADI, CHENGANUR PIN - 689646 BY ADV ANSU VARGHESE

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RESPONDENTS/STATE & DE FACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 PIN - 682031 2 STATION HOUSE OFFICER VANITHA POLICE STATION, PATHANAMTHITTA, PATHANAMTHITTA DISTRICT, PIN - 691526 3 VIJAYAKUMARI AGED 37 YEARS W/O K.S VIVEK, AGED 37 YEARS, SREE VIHAR, MALLASSERY P.O, PRAMADOM, KONNI TALUK, PATHANAMTHITTA DISTRICT, PIN - 689646 4 K.K SASIDHARAN AGED 74 YEARS S/O KOCHURAMAN PILLAI, KULANGARA KIZHAKKETHIL HOUSE, MALLASSERY P.O, PRAMADOM, KONNI TALUK, PATHANAMTHITTA DISTRICT, PIN - 689646 BY ADVS. GOVERNMENT PLEADER MANU RAMACHANDRAN M.KIRANLAL R.RAJESH (VARKALA) T.S.SARATH SAMEER M NAIR GEETHU KRISHNAN HARSHA SUSAN SAM

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SR.PP - SRI. VIPIN NARAYANAN

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl. M. C. NO. 1129 OF 2022

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O R D E R

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Petitioner is the sole accused in C. C. No. 1419 of 2021

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on the file of the Judicial First Class Magistrate's Court-I, Pathanamthitta which originated from the final report in Crime No. 448 of 2021 of Pathanamthitta police station.

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The crime was registered on 31.07.2021 alleging offence punishable under Sections 294(b), 341, 323 of the IPC. It is alleged that on 11.03.2021 at 5.30 PM the accused had abused respondents 3 and 4 who are his sister-in-law and father-in-law respectively, caught hold of the hair of the 3^rd respondent and manhandled her by stamping on her abdomen.

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Now the matter is settled and the proceedings are sought to be quashed under Section 482 of the Cr.P.C.

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I heard the learned counsel for the petitioner and also

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the learned Senior Public Prosecutor and the learned counsel

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for respondents 3 and 4.

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Crl. M. C. NO. 1129 OF 2022

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All have confirmed the settlement reached between

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parties. Moreover, Annexure-A2 and A3 affidavits of the party respondents 3 and 4 also indicate that the matter is settled; parties are near relatives. The 3^rd respondent did not suffer serious injuries in the occurrence; no public interest is involved. Moreover, a connected case also has been settled and the 3^rd respondent, the accused in the said case along with others have moved separate Criminal Miscellaneous Case for quashing the proceedings.

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In the circumstances, entire proceedings in C.C. No. 1419 of 2021 on the file of the Judicial First Class Magistrate's Court-I, Pathanamthitta are quashed and the petitioner shall stand exonerated.

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The Criminal Miscellaneous Case is allowed as above.

Sd/-

K. HARIPAL

JUDGE

RMV/24/02/2022

APPENDIX OF CRL.MC 1129/2022

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PETITIONER ANNEXURES
Annexure A1	THE TRUE COPY OF THE FINAL REPORT IN CRIME NO.448/2021
	OF POLICE STATION OF PATHANAMTHITTA, PATHANAMTHITTA DISTRICT WHICH IS NOW PENDING AS CC NO. 1419/2021 ON THE FILES OF JFMC-I, PATHANAMTHITTA
Annexure A2	THE ORIGINAL OF THE AFFIDAVIT DATED 14.02.2022 SWORN BY THE 3RD RESPONDENT/DE-FACTO COMPLAINANT
Annexure A3	THE ORIGINAL OF THE AFFIDAVITS DATED 14.02.2022 SWORN BY THE 4TH RESPONDENT/INJURED

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TRUE COPY

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P.A.TO JUDGE

Reshma Omanakuttan v. State of Kerala

Case brief

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Reshma Omanakuttan v. State of Kerala

Case brief

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