The petitioner accused filed a motion to quash criminal proceedings alleging a settlement. The court dismissed the petition because the petitioner failed to produce a joint statement confirming the settle ment despite a previous direction.
The petition to quash criminal proceedings was dismissed.
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 M.SASIDHARAN NAMBIAR THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931
Crl.MC.No. 2201 of 2009 ---------------------------------CC.NO.431/2007 OF JUDL. MAGISTRATE OF FIRST CLASS, ERATTUPETTA.
PETITIONER/ ACCUSED NO.1:
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NISSAM MUHAMMED, AGED 29 YEARS, S/O.ABBARKUTTY, NIZAM MANZIL (PAZHAYAMPALLIL) HOUSE, EARATTUPETTA VILLAGE, THEKKEKARA KARA.
BY ADVS. MR.JOHN S. RALPH, MR.G.UNNIKRISHNON.
RESPONDENTS/COMPLAINANT:
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1. STATE OF KERALA, REPRESENTED BY THE S.I OF POLICE, EARATTUPETTA, (IN CR.NO.7/2005) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.
2. THASNI ABDUL SALAM, AGED 29 YEARS, TAJ MANZIL (BUNGALOW PARAMBIL) EDAKKUNNAM KARA, EDAKKUNNAM VILLAGE.
R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
prv.
M.Sasidharan Nambiar, J.
Crl.M.C.No.2201 of 2009
ORDER
This petition is filed under Section 482 of Code of Criminal Procedure to quash C.C.No.431/2007 on the file of Judicial First Class Magistrate's Court, Erattupetta by the first accused contending that there was a settlement of all the disputes
with the second respondent, the defacto complainant. Even though as per order dated 13.7.2009, petitioner was directed to produce a joint statement expressing the intention of the second respondent for composition, nothing is produced to prove any composition. Hence, the proceedings cannot be quashed as sought for.
Petition is dismissed.
13th August, 2009 (M.Sasidharan Nambiar, Judge) tkv
1 issue framed by the court
Whether the High Court can quash criminal proceedings under Section 482 CrPC when there was no proven settlement despite a prior direction to produce a joint statement.
1 provisions across 1 enactments
Nissam Muhammed
State of Kerala
Thasni Abdul Salam
M.Sasidharan Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
