Dismissed

Midhun v. State of Kerala

Kerala HC17 Feb 2022Crl.MC/98/2022

Case brief

AI extract

What is this about?

The accused in C.C. No. 2235/2018 stated the court received a petition seeking to quash proceedings after a settlement was reached between the parties, with the complainant confirming no further grievance. The court observed the nature of the allegations was simple, noting there were no serious injuries. The proceedings were quashed and the petitioners were exonera

What did the court decide?

Criminal proceedings in C.C. No. 2235/2018 were quashed; petitioners stood exonerated.

Midhun Vs State of Kerala — Writ and Judicial Review | 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. 98 OF 2022

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(CC 2235/2018 IN CRIME NO.1593/2017 PENDING BEFORE THE HONOURABLE

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ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (ECONOMIC OFFENCES),

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ERNAKULAM.)

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PETITIONERS/ACCUSED NOS.1 & 2:

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1 MIDHUN AGED 29 YEARS S/O. MURALEEDHARAN, VADAKE MADOM HOUSE, KONRGOORPPALLY, VARAPPUZHA, ERNAKULAM. 2 RISHI AGED 28 YEARS S/O. MANGALA BABU, GOKULAM MEMANA HOUSE, NEAR WATER TANK BUS STAND, KANNAMALY. BY ADVS. HARIKRISHNAN V.A ANISHA M.

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RESPONDENT/STATE/DEFACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, E. T. SOUTH POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031. 2 SHARUK AGED 26 YEARS S/O. SHAJI, HOUSE NO.3/829, CHAKKARAYIDUKKIL, MATTANCHERY. BY ADV R.DIVAKARAN 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.98 of 2022

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ORDER

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Petitioners are the accused in C.C.No.2235/2018 on the file of the Additional Chief Judicial Magistrate Court (Economic Offences) Ernakulam which arose from the final report in Crime No.1593/2017 of Ernakulam town south police station. That crime was registered on the basis of the first information furnished by the 2^nd respondent. Now offence under sections 294(b) and 323 read with Section 34 of the IPC are alleged against the petitioners. The allegation against the petitioners is that on 10.10.2017 at 11:00 p.m, in a drunken bout in front of Mercy Hotel, accused persons abused CW1, the 2^nd respondent and manhandled him and thus acted in furtherance of common intention. It is submitted that there is a counter case, and both the cases have been settled and hence the proceedings are sought to be quashed.

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I heard the learned counsel for the petitioners, the learned

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Senior Public Prosecutor and also the learned counsel for the 2^nd respondent. Learned Senior Public Prosecutor has confirmed the settlement.

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Annexure A3 affidavit of the 2^nd respondent also confirms

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Crl.M.C.No.98 of 2022

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the settlement reached between the parties. According to him he has no further grievance against the petitioners and has no objection in quashing the proceedings.

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It appears that he is one of the accused in the counter case. The allegations against the petitioners are very simple in nature. The 2^nd respondent did not suffer serious injuries and in the circumstances, entire proceedings in C.C.No.2235/2018 on the file of the Additional Chief Judicial Magistrate's Court, (Economic Offences), Ernakulam are quashed and the petitioners shall stand exonerated.

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Crl.M.C is allowed as above.

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Jms/17.02

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//True Copy// P.A to Judge

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Crl.M.C.No.98 of 2022

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APPENDIX OF CRL.MC 98/2022

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PETITIONER ANNEXURES

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Annexure A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO.1593/2017 OF THE E.T.SOUTH POLICE STATION, ERNAKULAM. Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1593/2017 OF THE E.T.SOUTH POLICE STATION, ERNAKULAM. Annexure A3 THE AFFIDAVIT EXECUTED BY THE DEFACTO COMPLAINANT ON 24.11.2021.

Midhun v. State of Kerala

Case brief

What is this about?

What did the court decide?

Midhun v. State of Kerala

Case brief

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What did the court decide?

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