Allowed

Akhil Omanakkuttan v. State of Kerala

Kerala HC17 Feb 2022Crl.MC/294/2022

Case brief

AI extract

What is this about?

The High Court of Kerala at Ernakulam allowed a Criminal Miscellaneous Petition filed by three accused persons. Recording the representation of the complainant stating no objection to quashing, the court quashed the entire criminal proceedings and exonerated the accused for the trial conducted under Section 203 CrPC.

What did the court decide?

Entire proceedings in C.C. No. 1408 of 2018 on the file of the Judicial First Class Magistrate's Court, Thiruvalla are quashed and all accused shall stand exonerated.

Akhil Omanakkuttan Vs State of Kerala — Quashing and FIR | Kerala HC (2022)

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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 17^TH DAY OF FEBRUARY 2022 / 28TH MAGHA, 1943

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CRL.MC NO. 294 OF 2022

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CRIME NO. 1127 OF 2017 OF KEEZHVAIPUR POLICE STATION

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AGAINST THE ORDER/JUDGMENT IN CC 1408/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,

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THIRUVALLA

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PETITIONERS/ACCUSED 1 TO 3:

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1 AKHIL OMANAKKUTTAN AGED 31 YEARS S/O. OMANAKKUTTAN NAIR, PUNNATHANATHIL HOUSE, PALACKATHAKIDI, KUNNANAMTHANAM P. O., MALLAPPALLY, PATHANAMTHITTA DISTRICT, PIN - 689 581.

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2 ROHITH PRASAD AGED 26 YEARS

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S/O. RAJENDRA PRASAD, VADAKKE IDASHERIYIL HOUSE, NJAALBHAGOM, KAVIYOOR P. O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689 582.

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3 KEVIN DILIP AGED 25 YEARS

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S/O. DILIP, VALAMPARAMPIL HOUSE, KEEZHVAIPUR P. O., MALLAPPALLY, PATHANAMTHITTA DISTRICT, PIN - 689 586. BY ADVS. VARUGHESE M EASO VIVEK VARGHESE P.J.

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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, PIN - 682 031. 2 RATHEESH PETER AGED 32 YEARS S/O. P J PETER, PUTHANPURAYIL HOUSE, PARIYARAM P. O., KALLOOPPARA, MALLAPPALLY, PATHANAMTHITTA DISTRICT, PIN - 670 502. BY ADVS. SURIN GEORGE IPE SREEDEV U(K/001024/2016)

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SR.PP - SMT. SREEJA V.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl. M. C. NO. 294 OF 2022

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O R D E R

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Petitioners are accused Nos. 1 to 3 in C. C. No. 1408 of

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2018 on the file of the Judicial First Class Magistrate's Court, Thiruvalla which arose from the final report in Crime No. 1127 of 2017 of Keezhvayipur police station.

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The alleged incident had happened on 23.06.2017 at 11 AM on the Mallappally-Thiruvalla public road. The crime was registered on the basis of the First Information Statement furnished by the 2^nd respondent. Now the petitioners and twelve others face allegations under Sections 145, 147, 149, 153, 294(b), 323 read with 149 of the IPC. It is alleged that the accused persons formed an unlawful assembly and in prosecution of their common object, wrongfully restrained CW1 who moved on a motorcycle, he was thrashed by the accused persons in furtherance of their common object and also abused him.

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Out of fifteen accused persons, only three have joined this petition and according to the learned counsel for the

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Crl. M. C. NO. 294 OF 2022

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petitioners, others are not available in station, that the 2^nd respondent, the de facto complainant does not have complaint against any of the accused and has no objection in quashing the entire proceedings.

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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.

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The affidavit filed by the 2^nd respondent indicates that the crime was registered on some misunderstanding facts and now he has no objection in quashing the proceedings initiated against the accused persons.

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Sri. Surin George Ipe, the learned counsel representing the 2^nd respondent has submitted that the 2^nd respondent has no objection in quashing the proceedings against all accused persons including those who have not joined the Criminal Miscellaneous Case.

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Recording the same and since no public interest is

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involved in the matter and also having regard to the fact that

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Crl. M. C. NO. 294 OF 2022

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the counter case, that is C.C. No. 1409 of 2018 stands quashed by separated order on Crl. M.C. No. 472 of 2022, entire proceedings in C.C. No. 1408 of 2018 on the file of the Judicial First Class Magistrate's Court, Thiruvalla are quashed and all accused shall stand exonerated.

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The Criminal Miscellaneous Case is allowed as above.

Sd/-

K. HARIPAL JUDGE

RMV/17/02/2022

APPENDIX OF CRL.MC 294/2022

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PETITIONER ANNEXURES Annexure A

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CERTIFIED COPY OF THE FINAL REPORT OF C.C.1408 OF 2018 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA IN CRIME NO.1127 DATED 30.06.2017 OF

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KEEZHVAIPUR POLICE STATION .

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TRUE COPY

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P.A.TO JUDGE

Akhil Omanakkuttan v. State of Kerala

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Akhil Omanakkuttan v. State of Kerala

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