Allowed

Venu v. State of Kerala

Kerala HC19 Sept 2023Crl.MC/2133/2023

Case brief

AI extract

What is this about?

In this criminal miscellaneous application, the High Court of Kerala at Ernakulam pronounced the order to quash criminal proceedings instituted against petitioners accused of offences under various sections of the IPC and other Kerala Acts. Upon observing that the dispute between the petitioners and the de facto complainant had been settled and no objection existed to quashing the case, the Court

What did the court decide?

Proceedings in Crime No.89/2022 of Kattoor Police Station, Thrissur District are quashed against the petitioners.

Venu Vs State of Kerala — Quashing and FIR | Kerala HC (2023)

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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 GOPINATH P.

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TUESDAY, THE 19TH DAY OF SEPTEMBER 2023 / 28TH BHADRA, 1945

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CRL.MC NO. 2133 OF 2023

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CRIME NO.89/2022 OF KATTOOR POLICE STATION, THRISSUR

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PETITIONERS/ACCUSED NOS.1 AND 2:

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1VENU

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AGED 54 YEARS
PERUMBADAPPU HOUSE, IRINJALAKKUDA, THANISSERY.P.O.,
MANAVALASSERY, THRISSUR, PIN – 680 701.

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2UNNIKRISHNAN
AGED 59 YEARS, S/O.VIVEKANANDAN NAIR,
THAYAMKOT HOUSE, VALAPPAD, VALAPPAD.P.O.,
THRISSUR, PIN – 680 567.

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BY ADVS.

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 C.A.CHACKO
 C.M.CHARISMA

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RESPONDENTS/COMPLAINANT & DEFACTO COMPLAINANT:

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1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN – 682 031.

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2SARITHA

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AGED 42 YEARS, D/O.THANKAPPAN,
CHAKKANCHATH HOUSE, PULLATHARA DESOM, KARALAM VILLAGE,
THRISSUR, PIN – 680 711.

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BY ADVS

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 VIPIN NARAYAN (PP)
 BENNY VARGHESE (FOR R2)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

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19.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C. NO.2133 OF 2023 2

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ORDER

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Petitioners are accused Nos. 1 and 2 in Crime No.89/2022 of Kattoor Police Station, Thrissur District, alleging commission of offences under Sections 354 A(l)(i), 406, 420, 294 (b), 468 & Section 471 of the Indian Penal Code, Section 17 of the Kerala Money Lenders Act and Section 9 of the Kerala Prohibition of Charging Exorbitant Interest Act.

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The allegation against the petitioners is that they lent some money to the defacto complainant after obtaining from her a title deed relating to her property, certain signed stamp papers etc. It is alleged that though the defacto complainant returned the money along with interest, the petitioners did not return the documents to her and when she demanded for return of the documents, the petitioners went to the house of the defacto complainant and abused her and outraged her modesty.

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The learned counsel appearing for the petitioners would submit that the petitioners and the defacto complainant have settled all disputes between themselves. It is submitted that the defacto complainant has no objection in quashing the proceedings against the petitioners. Reference is made in this

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Crl.M.C. NO.2133 OF 2023 3

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regard to Annexure-A2 affidavit executed by the defacto complainant.

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The learned Public Prosecutor and the learned counsel appearing for the defacto complainant do not dispute the fact that the issues between the petitioners and the defacto complainant have been settled.

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Having heard the learned counsel appearing for the petitioners, learned Public Prosecutor and the learned counsel appearing for the defacto complainant/2nd respondent, and having perused Annexure-A2 affidavit executed by the 2^nd respondent, I am of the view that this is a fit case where the jurisdiction of this Court under Section 482 of Cr.P.C. can be invoked to quash the proceedings against the petitioners. No public interest will be served by continuing with the proceedings against the petitioners.

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Accordingly, this Crl.M.C is allowed and all further proceedings in Crime No.89/2022 of Kattoor Police Station, Thrissur District will stand quashed as against the petitioners.

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Sd/GOPINATH P. JUDGE

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ats

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Crl.M.C. NO.2133 OF 2023 4

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APPENDIX OF CRL.MC 2133/2023

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PETITIONERS’ ANNEXURES

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Annexure A1CERTIFIED COPY OF FIR IN CRIME NO.89/2022 OF
KATTOOR POLICE STATION DATED 27/1/2022 ALONG WITH
FIS
Annexure A2AFFIDAVIT DATED 6/3/2023 OF 2ND RESPONDENT

Venu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Venu v. State of Kerala

Case brief

What is this about?

What did the court decide?

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