The Kerala High Court allowed a criminal miscellaneous petition filed by an accused charged under Section 354 IPC. The court quashed the FIR and proceedings based on a verified settlement between the accused and the first respondent.
Quashing of FIR in Crime No. 200 of 2011 and further proceedings against the petitioner.
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 WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 Crl.MC.No. 1372 of 2011()
------------------------------------CRIME NO.200/2011 OF NADAKKAVU POLICE STATION, KOZHIKODE --------------------------
PETITIONER(S): ACCUSED
----------------------------------------
UDAYARAJ, AGED 52 YEARS, S/O.LATE KUMARAN, C.D.A. COLONY, EWS-56, POST ERANHIPALAM, CALICUT.
BY ADV. SRI.P.V.KUNHIKRISHNAN
RESPONDENT(S): DEFACTO COMPLAINANT & STATE -----------------------------------------------------------------------------
1. T.P.LEELAVATHY W/O.LATE SHANMUGHAN, AGED 49 YEARS, NOCHIVAYAL, PAVANGAD, KOZHIKODE-21.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
R1 BY ADV. SRI.SAKIR.K.H. R2 BY PUBLIC PROSECUTOR SRI. MANU
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
THOMAS P JOSEPH, J.
Crl.M.C.No.1372 of 2011
Dated this 01st day of June, 2011
ORDER
Petitioner is accused in Crime No.200 of 2011 of Nadakkavu Police Station for offence punishable under Sec.354 of the Indian Penal Code, pending investigation. It is alleged that petitioner, on 20.03.2011 while travelling in a vehicle outraged modesty of the first respondent who was also a passenger in that vehicle. Petitioner wants to quash proceeding against him on the strength of settlement with the first respondent. I have heard learned counsel for petitioner, first respondent and the learned Public Prosecutor.
Crl.M.C.No.1372 of 2011
-: 2 :-
it is stated that she has settled the case with petitioner and does not want to continue the matter. In view of that, I am inclined to allow the criminal miscellaneous case.
Resultantly this criminal miscellaneous case is allowed. FIR in Crime No.200 of 2011 of Nadakkavu Police Station and further proceeding thereon against petitioner are quashed.
(THOMAS P JOSEPH, JUDGE)
Sbna/-
1 issue framed by the court
Whether the accused accused in Section 354 IPC can be acquitted based on settlement with the alleged victim.
Udayaraj
T.P. Leelavathy
State of Kerala
Thomas P Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
