This Criminal Miscellaneous case involved a petition to quash criminal proceedings under Section 379 IPC for theft. The High Court quashed the final report and the criminal case due to an amicable settlement between the accused and the complainant, deeming the trial a waste of time.
Annexure-2 final report and C.C.921/2005 taken cognizance on that report are quashed.
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
TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931
Crl.MC.No. 499 of 2009() -----------------------CC.921/2005 of MUNSIFF'S MAGISTRATE COURT, PARAVOOR. .................... (CRIME NO.346 OF 2005 OF PARIPPALLY POLICE STATION)
PETITIONER(S): ACCUSED:
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BAIJU,S/O.DHARMASEELAN PILLAI, KARAKKATTUVILA VEEDU,PANAYARACHERRY, CHEMMARUTHI VILLAGE, VARKALA.
BY ADV. MR.G.BHAGAVAT SINGH
RESPONDENT(S): STATE & COMPLAINANT:
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1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM (CRIME NO.346/2005 OF PARIPPALLY POLICE STATION)
2. SANTHI, AGED 31 YEARS, D/O.KRISHNAMMA, RESIDING AT LEKSHMY BHAVAN, NEAR STAR HOSPITAL, KOTTAKKERAMCHERRY, PARIPPALLY VILLAGE.
R1 BY PUBLIC PROSECUTOR MR. AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
M.SASIDHARAN NAMBIAR,J.
CRL.M.C.NO.499 OF 2009
Dated 2nd June 2009
O R D E R
Petitioner is the accused in C.C.921/2005 on
the file of Munsiff-Magistrate court, Paravoor. Based on the first information statement of the second respondent that her gold chain was snatched away crime No.346/2006 of Parippally police station was registered against an unnamed person who could be identified by her. After investigation final report was filed against the petitioner for the offence under Section 379 of Indian Penal Code. It was taken cognizance by the learned Magistrate. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-2 final report and the proceedings taken in C.C.921/2005 contending that subsequently the dispute between the petitioner and second respondent was amicably settled and second respondent does not intended to prosecute the case further. Second respondent filed an affidavit dated 12/12/2008 to the effect that she had not identified the petitioner and petitioner was not the person involved and she has no
CRMC 499/09
2
grievance against the petitioner and in such circumstances, she has no objection for quashing the proceedings.
learned counsel appearing for second respondent and learned Public Prosecutor were heard.
M.SASIDHARAN NAMBIAR, JUDGE.
uj.
2 issues framed by the court
Whether the proceedings in C.C.921/2005 based on the final report under Section 379 IPC should be quashed in view of the settlement between the accused and the complainant.
Whether the First Information Report and subsequent trial are to be maintained despite the settlement and denial of the accused's involvement by the complainant.
2 provisions across 2 enactments
BAIJU
STATE OF KERALA
SANTHI
M.SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
