The High Court allowed a petition to quash criminal proceedings against the petitioner, an accused in a case involving hurt and wrongful restraint, based on a verified settlement between him and the de-facto complainants.
Cognizance and proceedings against the petitioner were quashed in the contested criminal case.
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 THOMAS P.JOSEPH
MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933
Crl.MC.No. 1017 of 2011()
-----------------------------------C.C.NO. 1082/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, MANJERI CRIME NO.854/2008 OF MANJERI POLICE STATION, MALAPPURAM DISTRICT
PETITIONER(S): ACCUSED
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SUBAIR, S/O. MUHAMMED, PARAMMAL HOUSE, ANAKKAYAM, MALAPPURAM DISTRICT.
BY ADV. SRI.BABU S. NAIR SRI.K.RAKESH
RESPONDENT(S): STATE AND DEFACTO COMPALINANT AND INJURED
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1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MANJERI POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI -682 031.
2. SHAHUL HAMEED, S/O. SALEEM, KARANGADAN HOUSE, PULLILANGADI, ANAKKAYAM, MALAPPURAM DISTRICT, PIN - 676 509.
3. ALBERT PETER, S/O. GEORGE, PULLILANGADI, ANAKKAYAM, MALAPPURAM DISTRICT, PIN - 676 509.
R1 BY PUBLIC PROSECUTOR SRI. MANU R2 & R3 BY ADV. SMT.M.T.SHEEBA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
THOMAS P. JOSEPH, J.
-------------------------------------Crl.M.C. No.1017 of 2011 -------------------------------------Dated this the 23rd day of May, 2011.
ORDER
Petitioner is the second accused in C.C.No.1082 of 2010 of the court of learned Judicial First Class Magistrate-I, Manjeri for offences punishable under Sections 143, 147, 341, 323 read with Section 149 of the Indian Penal Code (for short, “the IPC”). Case is that on 23.10.2008 at about 9.30 hours petitioners and others wrongfully restrained and voluntarily caused hurt to respondents 2 and 3. Accused other than petitioner faced trial and were acquitted as per Annexure-B, judgment. Since petitioner was not available case against him was split up and refiled as C.C.No.1082 of 2010. Petitioner seeks to quash proceedings against him on the strength of a settlement reached with respondents 2 and 3 and in view of Annexure-B, judgment.
Crl.MC No.1017/2011
2
Resultantly this Criminal Miscellaneous Case is allowed. Final report in Crime No.854 of 2008 of Manjeri Police Station (to the extent it concerned petitioner/second accused), cognizance taken thereon and proceeding against petitioner, in C.C.No.1082 of 2010 of the court of learned Judicial First Class Magistrate-I, Manjeri are quashed.
THOMAS P.JOSEPH, Judge.
cks
2 issues framed by the court
Whether criminal proceedings can be quashed in light of a settlement reached between the accused and the de-facto complainants.
Whether there is any possibility of adducing evidence against the petitioner after the dispute has been settled.
1 provisions across 1 enactments
SUBAIR
STATE
SHAHUL HAMEED
ALBERT PETER
THOMAS P.JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
