Allowed

Premachandran.P v. State of Kerala

Kerala HC20 May 2024Crl.MC/1296/2019

Case brief

AI extract

What is this about?

Criminal Miscellaneous Petition filed to quash FIR and Final Report in a case involving public decency offences. The court allowed the petition and quashed the proceedings, holding that since the matter was amicably settled and the complainants had no intention to proceed further, it was in the interest of justice to grant relief.

What did the court decide?

The FIR and Final Report in Crime No. 390/2018 and the proceedings thereof stand quashed.

Premachandran.P Vs State of Kerala — Quashing and FIR | Kerala HC (2024)

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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 A. BADHARUDEEN

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MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946

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CRL.MC NO. 1296 OF 2019

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CRIME NO.390/2018 OF VELLARADA POLICE STATION

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PETITIONER:

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PREMACHANDRAN.P
AGED 52 YEARS
S/O.PADMANABHAN THAMPI, SREELAKAM, RC STREET,
NEYYATTINKARA-695121.
BY ADVS.
M.R.SUDHEENDRAN
SRI.D.N.KRISHNAN NAIR

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RESPONDENTS:

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1STATE OF KERALA,
REPRESENTED BY THE SHO, VELLARADA POLICE STATION,
NEYYATTINKARA, THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.

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ADDL R2DEEPTHY

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AGED 51 YEARS

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W/O THOMAS GEORGE, RESIDING AT DEEPTHY, KATHIPPARA,
KOOTHALI PO., VELLARADA DESOM, THIRUVANANTHAPURAM
PIN-695505

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ADDL R3NITHIN PANKAJ

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AGED 21 YEARS

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S/O THOMAS GEORGE RESIDING AT DEEPTHY, KATHIPPARA,
VELLARADA DESOM, THIRUVANANTHAPURAM PIN- 695505.

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[ADDL R2 AND R3 IMPLEADED AS PER ORDER DATED 04.04.2024 IN
CRL.M.A. 1/2024 IN CRL.M.C. 1296/2024]

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BY ADV ADDL.DIRECTOR GENERAL OF PROSECUTION
SR PP - RENJITH GEORGE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C. No. 1296 of 2019

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ORDER

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Dated this the 20 th day of May, 2024

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This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash the FIR and Final Report in Crime No.390/2018 of Vellarada Police Station, Thiruvananthapuram, now pending as C.C. No.2571/2018 on the files of the Judicial First Class Magistrate Court-III, Neyyattinkara.

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Heard the learned counsel for the petitioner, the learned counsel appearing for the defacto complainant and the learned Public Prosecutor.

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In this matter, prosecution alleges commission of offences punishable under Sections 294(b), 323 and 324 of the IPC and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

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It is submitted that the matter has been amicably settled and the defacto complainant and the victim filed affidavits in this regard. The defacto complainant and the victim stated in their affidavits t hat they have no intention to

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Crl.M.C. No. 1296 of 2019

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proceed further in this matter.

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5 . The learned Public Prosecutor also submitted that

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the matter has been settled between the parties and statements of the defacto complainant and the victim to that effect have been recorded.

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Since the matter has been amicably settled between the parties, there is no reason to disallow the prayer for quashment so as to retain them in hazards of litigation. Therefore, in the interest of justice, I am inclined to allow this petition.

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In the result, this Criminal Miscellaneous Case stands allowed. The FIR and Final Report in Crime No. 390/2018 of Vellarada Police Station, Thiruvananthapuram, now pending as C.C. No.2571/2018 on the fles of the i Judicial First Class Magistrate Court-III, Neyyattinkara and the proceedings thereof stand quashed.

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Sd/-

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A. BADHARUDEEN JUDGE

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Crl.M.C. No. 1296 of 2019

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APPENDIX OF CRL.MC 1296/2019

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PETITIONER ANNEXURES :

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`ANNEXURE A1`	`TRUE COPY OF` `6.2.2018.`	`THE SCAN REPORT DATED`
`ANNEXURE A2`	`TRUE COPY OF T` `DISCHARGE CERT` `HOSPITAL.`	`HE RELEVANT PAGES OF THE` `IFICATE ISSUED FROM KIMS`
`ANNEXURE A3`	`A TRUE COPY` `6.2.2018.`	`OF THE COMPLAINT DATED`
`ANNEXURE A4`	`A TRUE COPY` `6.2.2018 OF THE`	`OF THE REPORTS DATED` `HEAD MISTRESS.`
`ANNEXURE A5`	`A TRUE COPY` `6.2.2018 OF THE`	`OF THE REPORTS DATED` `SENIOR ASSISTANT.`
`ANNEXURE A6`	`A TRUE COPY OF` `DATED 6.2.18.`	`THE STAFF MEETING REPORT`
`ANNEXURE A7`	`A TRUE COPY OF` `TEACHER.`	`THE LETTER SUBMITTED BY A`
`ANNEXURE A8`	`A TRUE COPY O` `DATED 21.2.2018`	`F THE PTA MEETING REPORT` `.`
`ANNEXURE A9`	`A TRUE COPY` `DATED 28.2.2018`	`OF THE SUSPENSION ORDER` `.`
`ANNEXURE A10`	`HEARING NOTE SU`	`BMITTED BY THE MANAGER.`
`ANNEXURE A11`	`A TRUE COPY` `16.2.2018.`	`OF THE LETTER DATED`
`ANNEXURE A12`	`A TRUE COPY OF` `ISSUED BY THE D`	`THE ORDER DATED 12.3.2018` `EO.`
`ANNEXURE A13`	`A TRUE COPY O` `DATED 12.8.2018`	`F THE SHOW CAUSE NOTICE` `ISSUED BY THE DEO.`
`ANNEXURE A14`	`A TRUE COPY` `19.3.2018 SU` `MISTRESS.`	`OF THE EXPLANATION DATED` `BMITTED BY THE HEAD`
`ANNEXURE A15`	`CERTIFIED COP` `17.3.2018.`	`Y OF THE FIR DATED`
`ANNEXURE A16`	`CERTIFIED COPY`	`OF THE FINAL REPORT.`
`ANNEXURE A17`	`A TRUE COPY OF` `IN BA.NO.2202/2`	`THE ORDER DATED 11.4.2018` `018.`
`ANNEXURE A18`	`A TRUE COPY OF` `TABLE FOR THE Y`	`THE SSLC EXAMINATION TIME` `EAR 2018.`

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RESPONDENTS’ ANNEXURES : NIL

Premachandran.P v. State of Kerala

Case brief

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Premachandran.P v. State of Kerala

Case brief

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