The Kerala High Court dismissed a criminal Misc. Case seeking quashment of proceedings upon the complainant's clear statement that the underlying dispute with the petitioners was not settled.
Crl.M.C. No.2086 of 2008 dismissed as the complainant stated the dispute was not settled.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE R.BASANT
FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930
Crl.MC.No. 2086 of 2008()
------------------------CC.321/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR CRIME NO.14 OF 2006 OF PAYYANNUR POLICE STATION .................... PETITIONER: ACCUSED -------------------
BY ADV. SMT.R.PADMAKUMARI
RESPONDENTS: COMPLAINANT ------------------------
BY PUBLIC PROSECUTOR SRI.GIKKU JACOB
SMT.R.DYANA FOR R2
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.BASANT, J
Crl.M.C. No.2086 of 2008
Dated this the 27th day of June, 2008
ORDER
The 2nd respondent is present before the Court.
Investigating Officer has appeared before the Court as directed. The Investigating Officer reports that the 2nd respondent asserts that the matter has not been settled. The 2nd respondent was called before the Court. The 2nd respondent in reply to a specific query by the Court gives an unambiguous answer that she has not settled the disputes with the petitioners.
has not settled the disputes. This Crl.M.C cannot, in these circumstances, be entertained favourably.
(R.BASANT, JUDGE)
rtr/-
1 issue framed by the court
Whether the Crl.M.C. for quashment of proceedings can be entertained when the complainant asserts the dispute remains unsettled.
K. RAVEENDRAN and 6 others
STATE OF KERALA
DEEPA.K.V
R. BASANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
