Abhilash Vs. State of Kerala

Abhilash vs State of Kerala

Type Court Judgment Court Kerala Decided Oct 21, 2014

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https://sooperkanoon.com/case/1166314

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Citation: sooperkanoon.com/1166314
Court: Kerala High Court
Judge: Honourable Mr. Justice P.Ubaid
Decided On: Oct 21, 2014
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Abhilash

Respondent

State of Kerala

Excerpt

.....no6before his advocate at north paravur, dtd176/2014 annex g:-the original of the affidavit sworn to by the respondent no7before his advocate at north paravur, dtd176/2014 annex h:-the original of the affidavit sworn to by the respondent no8before his advocate at north paravur, dtd176/2014 respondent(s)' exhibits: nil --------------------------------------- /true copy/ pato judge sab p.ubaid, j.----------------------------- crl. m.c no. 3712 of 2014 --------------------------------------- dated this the 21st day of october, 2014. order a prosecution under sections 323 and 325 ipc is sought to be quashed under section 482 cr.p.c on the ground that the accused and the defacto complainant have come to terms out of court. what is reported is practically composition. the offences involved in the crime are compoundable under the law. the offence under section 323 ipc is compoundable without permission, and the offence under section 325 cr.p.c ipc is compoundable with permission. when such effective remedy is available, and composition is well possible this court cannot exercise the inherent powers under section 482 cr.p.c. the petitioners will have to approach the trial court for composition under section 320 cr.p.c. in the result, this crl.m.c is closed, with observation that the petitioners and the witnesses can approach the trial court for composition under section 320 cr.p.c. in view of the settlement reported, execution of warrant of arrest against them will stand suspended for a period of one month. p.ubaid, judge sab

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE21T DAY OF OCTOBER201429TH ASWINA, 1936 Crl.MC.No. 3712 of 2014 () --------------------------- IN CC9382008 of JUDICIAL FIRST CLASS MAGISTRATE COURT- I, PARAVUR CRIME NO. 574/2008 OF VADAKKEKARA POLICE STATION, ERNAKULAM PETITIONER(S)/PETITIONERS: -------------------------------------------

1. ABHILASH AGED25YEARS S/O.SASIDHARAN, KUTTICHIRA HOUSE, MOOTHAKUNNAM VILLAGE ERNAKULAM DIST2 SUNEESH S/O.SULAIMAN, KUZHIKANDATHIL HOUSE THEKKEN MALIPPURAM KARA, PUTHUVAIPPU VILLAGE ERNAKULAM DIST3 RIDHAN AGED24YEARS S/O.RAVEENDRAN, THEVALIL HOUSE, SREENARAYANAPURAM KARA MATHILAKOM VILLAGE4 DINOJ AGED25YEARS S/O.MOHANAN, ELAVUMKAL HOUSE, EAST KADUNGALLUR KARA KADUNGALLUR VILLAGE BY ADV. SRI.NIREESH MATHEW RESPONDENT(S)/RESPONDENTS: ------------------------------------------------

1. STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM682031

2. MANU MATHEW, AGED25YEARS S/O.MATHEW, MOOLERICKAL HOUSE, CHERAI KARA PALLIPPURAM VILLAGE, ERNAKULAM DIST68073

3. ADARSH, AGED27YEARS S/O.LISSY, CHANDRASSERIL HOUSE, THATHAPILLY KARA KOTTUVALLI VILLAGE, ERNAKULAM DIST68351

4. JIS MICHEAL,, AGED27YEARS S/O.MICHEAL, MAVELI HOUSE, MADAPLATHURUTHU MOOTHAKUNNAM P O, ERNAKULAM DIST Crl.MC.No. 3712 of 2014 () ---------------------------

5. SREELAL, AGED25YEARS SREELAL, S/O.BALAKRISHNAN, CHERI HOUSE VYPPINTHARA, CHERAI, ERNAKULAM DIST68351

6. JITHIN S/O.THAMPI, PERUMANA HOUSE, CHERAI KARA ERNAKULAM DIST68351

7. PRASHOB, AGED26YEARS S/O.PRAKASAN, VALUMKILPARAMBIL HOUSE, PANAYIKULAM ALANGAD VILLAGE, ERNAKULAM DIST8 SAMRUDH, AGED26YEARS S/O.BHASI, PUTHUPARAMBIL HUSE, CHERAI KARA PALLIPPURAM VILLAGE, ERNAKULAM DIST R2-8 BY ADV. SRI.N.P.PRAJEESH R1 BY PUBLIC PROSECUTOR SMT. S. HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON2110-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3712 of 2014 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEX A:-PHOTOCOPY OF THE FINAL REPORT IN CRIME NO5742008 OF VADAKKEKARA POLICE STATION ANNEX B:-THE ORIGINAL OF THE AFFIDAVIT SWORN TO BY THE RESPONDENT NO2BEFORE HIS ADVOCATE AT NORTH PARAVUR, DTD176/2014 ANNEX C:-THE ORIGINAL OF THE AFFIDAVIT SWORN TO BY THE RESPONDENT NO3BEFORE HIS ADVOCATE AT NORTH PARAVUR , DTD176/2014 ANNEX D:-THE ORIGINAL OF THE AFFIDAVIT SWORN TO BY THE RESPONDENT NO4BEFORE HIS ADVOCATE AT NORTH PARAVUR , DTD176/2014 ANNEX E:-THE ORIGINAL OF THE AFFIDAVIT SWORN TO BY THE RESPONDENT NO5BEFORE HIS ADVOCATE AT NORTH PARAVUR , DTD176/2014 ANNEX F:-THE ORIGINAL OF THE AFFIDAVIT SWORN TO BY THE RESPONDENT NO6BEFORE HIS ADVOCATE AT NORTH PARAVUR, DTD176/2014 ANNEX G:-THE ORIGINAL OF THE AFFIDAVIT SWORN TO BY THE RESPONDENT NO7BEFORE HIS ADVOCATE AT NORTH PARAVUR, DTD176/2014 ANNEX H:-THE ORIGINAL OF THE AFFIDAVIT SWORN TO BY THE RESPONDENT NO8BEFORE HIS ADVOCATE AT NORTH PARAVUR, DTD176/2014 RESPONDENT(S)' EXHIBITS: NIL --------------------------------------- /TRUE COPY/ PATO JUDGE sab P.UBAID, J.

----------------------------- Crl. M.C No. 3712 of 2014 --------------------------------------- Dated this the 21st day of October, 2014. ORDER

A prosecution under sections 323 and 325 IPC is sought to be quashed under Section 482 Cr.P.C on the ground that the accused and the defacto complainant have come to terms out of court. What is reported is practically composition. The offences involved in the crime are compoundable under the law. The offence under Section 323 IPC is compoundable without permission, and the offence under Section 325 Cr.P.C IPC is compoundable with permission. When such effective remedy is available, and composition is well possible this court cannot exercise the inherent powers under Section 482 Cr.P.C. The petitioners will have to approach the trial court for composition under Section 320 Cr.P.C. In the result, this Crl.M.C is closed, with observation that the petitioners and the witnesses can approach the trial court for composition under Section 320 Cr.P.C. In view of the settlement reported, execution of warrant of arrest against them will stand suspended for a period of one month. P.UBAID, JUDGE sab

Same Court & Year Kerala · 2014 Same Parties Abhilash vs State of Kerala Same Subject Land Acquisition Same Judge Honourable Mr. Justice P.Ubaid