Aneeshkumar vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Mar 11, 2024

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Citation: sooperkanoon.com/1288559
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Mar 11, 2024
Case Number: Crl.MC/1218/2023
Subject: Criminal

Case Summary

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

Criminal

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Aneeshkumar

Respondent

State of Kerala

Excerpt

.....other present: smt. sreeja v. (pp) this criminal misc. case having come up for admission on 11.03.2024, the court on the same day passed the following:bechu kurian thomas, j.----------------------------------------- crl.m.c.no. 1218 of 2023 ---------------------------------------- dated this the 11th day of march, 2024orderthis petition under section 482 is filed seeking to quash crime no.530/2011 of kayamkulam police station on the basis of a settlement allegedly arrived at between the parties. the offence alleged against the petitioner are under section 323 and 506(i) r/w section 34 of the indian penal code, 1860.2. according to the prosecution, the accused assaulted the defacto complainant and threatened him on 13-04-2011 and thereby committed the above mentioned offences.3. the learned public prosecutor upon instructionssubmitted that though the crime had been pending since 2011 a final report was filed on 16-10-2023 dropping all further action. it is also submitted that the defacto complainant has given a statement stating that the matter has been settled between the parties.4. in view of the submission of the learned publicprosecutor that the final report has been filed, dropping all further action. nothing further survives for consideration in this crl.m.c, and hence it is dismissed. sd/- bechu kurian thomas judge ajm appendix of crl.mc 1218/2023 petitioner annexures annexure a1 certified copy of the fir in crime no. annexure a2 original of the affidavit dated respondent stating the settlement of all the disputes true copy

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS MONDAY, THE 11TH DAY OF MARCH 2024 / 21ST PHALGUNA, 1945 CRIME NO.530/2011 OF Kayamkulam Police Station, Alappuzha PETITIONER/ACCUSED NO. 3: ANEESHKUMAR AGED 45 YEARS S/O SUKUMARAN , THUPPASSERIL, PRAYAR P.O, ALAPPUZHA DISTRICT, PIN - 690527 BY ADV SERGI JOSEPH THOMAS RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 VINAYAN AGED 48 YEARS S/O VASAVAN RESIDING AT VIJAYAMANGALATHU, DEVIKULANGARA, PRAYAR VADAKKUM MURI, PUTHUPPALLY P.O, ALAPPUZHA DISTRICT, PIN - 690527 BY ADVS. Bharat Vijay P MINU VITTORRIA PAULSON(K/739/2020) OTHER PRESENT: SMT. SREEJA V. (PP) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
----------------------------------------- Crl.M.C.No. 1218 of 2023 ---------------------------------------- Dated this the 11th day of March, 2024

ORDER

This petition under Section 482 is filed seeking to quash Crime No.530/2011 of Kayamkulam Police Station on the basis of a settlement allegedly arrived at between the parties. The offence alleged against the petitioner are under Section 323 and 506(i) r/w Section 34 of the Indian Penal Code, 1860.

2. According to the prosecution, the accused assaulted the defacto complainant and threatened him on 13-04-2011 and thereby committed the above mentioned offences.

3. The learned Public Prosecutor upon instructions

submitted that though the crime had been pending since 2011 a final report was filed on 16-10-2023 dropping all further action. It is also submitted that the defacto complainant has given a statement stating that the matter has been settled between the parties.

4. In view of the submission of the learned Public

Prosecutor that the final report has been filed, dropping all further action. Nothing further survives for consideration in this Crl.M.C, and hence it is dismissed. Sd/- BECHU KURIAN THOMAS JUDGE AJM APPENDIX OF CRL.MC 1218/2023 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO. Annexure A2 ORIGINAL OF THE AFFIDAVIT DATED RESPONDENT STATING THE SETTLEMENT OF ALL THE DISPUTES TRUE COPY

Same Court & Year Kerala Orders · 2024 Same Parties Aneeshkumar vs State of Kerala Same Subject Criminal Same Judge Honourable Mr. Justice Bechu Kurian Thomas