Allowed

Meghana v. State of Kerala

Kerala HC27 May 2024Crl.MC/4039/2017

Case brief

AI extract

What is this about?

Criminal Miscellaneous Case sought quashing of a Thrissur criminal case over offences including trespass, wrongful restraint and assault. Based on an affidavit from the defacto complainant confirming amicable settlement, the court allowed the petition and quashed further proceedings.

What did the court decide?

Further proceedings in C.C.No.404/2012 (Crime No.118/2012, Thrissur West Police Station) were quashed.

Meghana 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 27^TH DAY OF MAY 2024 / 6TH JYAISHTA, 1946

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CRL.MC NO. 4039 OF 2017

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AGAINST CC NO.404/2012 OF THE JUDICIAL MAGISTRATE OF FIRST

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CLASS -11,THRISSUR

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PETITIONERS/ACCUSED:

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1 MEGHANA

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AGED 31 YEARS AGED 31 YEARS, D/O.PRABHAKARAN, THARAKKAL HOUSE, SOPANAM, CHRISTOPHER NAGAR, OLLUR VILLAGE, THRISSUR. 2 PRABHAKARAN AGED 67 YEARS AGED 67 YEARS, S/O.MADHAVAN, THARAKKAL HOUSE, SOPANAM, CHRISTOPHER NAGAR, OLLUR VILLAGE, THRISSUR. BY ADVS.

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SRI.G.SREEKUMAR (CHELUR) SRI.K.R.ARUN KRISHNAN

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RESPONDENTS/COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2 INDIRADEVI W/O.GOPALAKRISHNAN, KUTTAMAKKAL HOUSE, POONKUNNAM, M.G.NAGAR VILLAGE, THRISSUR DESOM, THRISSUR DISTRICT-680001. BY ADVS.

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SRI.M.P. PRASANTH, PUBLIC PROSECUTOR SRI.RENOY VINCENT SRI.ASWIN GOPAKUMAR SMT.DEEPTI SUSAN GEORGE SMT.LALIA ELIZABETH PHILIP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.05.2024,

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THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.M.C.NO.4039 OF 2017

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ORDER

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Dated this the 27^th day of May, 2024

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Originally, this Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure to quash C.C.No.404/2012 on the files of Judicial First Class Magistrate Court-11, Thrissur, arising out of crime No.118/2012 of Thrissur West Police Station.

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While the matter has been pending, an affidavit has been filed by the defacto complainant on 21.10.2022 and submitted that the matter has been settled amicably and no further action in this case alleging commission of the offences under Sections 448, 341 and 323 read with Section 34 of the Indian Penal Code is warranted.

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Since the defacto complainant filed affidavit suggesting settlement and similar statement to the investigating officer in this regard, there is no

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CRL.M.C.NO.4039 OF 2017

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reason to disallow the prayer for quashment acting

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on the statement.

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Accordingly, the Criminal Miscellaneous Case stands allowed and the further proceedings in C.C.No.404/2012 on the files of Judicial First Class Magistrate Court-11, Thrissur, arising out of crime No.118/2012 of Thrissur West Police Station are quashed.

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Sd/-

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A. BADHARUDEEN JUDGE

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NB/27-5

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CRL.M.C.NO.4039 OF 2017

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APPENDIX OF CRL.MC 4039/2017

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PETITIONER ANNEXURES ANNEXURE 1	CERTIFIED COPY OF THE THE FAMILY COURT, SETTLEMENT AGREEMENT 154/2012.	COMPROMISE DECREE PASSED BY THRISSUR ALONG WITH THE DTD 26/5/2015 IN G.O.P NO
ANNEXURE 2	A TRUE COPY OF THE J 81/2012 ON THE FILE O COURT, THRISSUR DTD DEPOSITION OF PARTIES.	UDGMENT PASSED IN CC NUMBER F CHIEF JUDICIAL MAGISTRATE 28/4/2015 ALONG WITH THE
ANNEXURE 3	CERTIFIED COPY OF THE 2012 ON THE FILE OF STATION, DTD 23/1/2012	FIR IN CRIME NUMBER 118 OF THE THRISSUR WEST POLICE
ANNEXURE 4	CERTIFIED COPY OF FINA ON THE FILE OF THE JU COURT NO.2, THRISSUR,	L REPORT CC NUMBER 404/2012 DICIAL IST CLASS MAGISTRATE DTD 4/5/2012.

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TRUE COPY P.A. TO JUDGE

Meghana v. State of Kerala

Case brief

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Meghana v. State of Kerala

Case brief

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