The Court allowed Criminal Mischief Case No. 1974 of 2013, quashing the charge against the petitioner due to a settlement with the de-facto complainant, and ordered the dropping of further proceedings in the suspended trial.
The charge against the petitioner is quashed, and further proceedings in S.C.No.19/11 shall stand dropped.
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 A.V.RAMAKRISHNA PILLAI
FRIDAY, THE 17TH DAY OF MAY 2013/27TH VAISAKHA 1935
Crl.MC.No. 1974 of 2013 ()
SC 327/2009 of ADDL.SESSIONS COURT (ADHOC), MAVELIKKARA CRIME NO. 333/2006 OF NOORANADU POLICE STATION , ALAPPUZHA
PETITIONER/2ND ACCUSED:
JAYAKUMAR, AGED 42 YEARS
S/O.RAMAKRISHNA PILLAI, KOCHUVEETTILTHARA VEEDU THAMARAKULAM KIZHAKKUM MURI, THAMARAKULAM VILLAGE.
BY ADVS.SRI.R.SUNIL KUMAR
SMT.A.SALINI LAL
RESPONDENT/COMPLAINANT:
R1 BY PUBLIC PROSECUTOR SRI.K.K.RAJEEV
R BY SRI.S.R.SREEJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 1705-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1974 of 2013 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE 1- COPY OF THE FINAL REPORT.
ANNEXURE 2- COPY OF THE JUDGMENT IN S.C.NO.327/09 OF THE ADDL. SESSION JUDGE (FAST TRACK), MAVELIKKARA.
ANNEXURE 3- AFFIDAVIT FILED BY THE 2ND RESPONDENT.
//True copy//
PA TO JUDGE.
uj.
A.V.RAMAKRISHNA PILLAI, J.
= = = = = = = = = = = = = = = = =
Crl.M.C No.1974 of 2013
= = = = = = = = = = = = = = = = =
Dated this the 17th day of May, 2013
ORDER
Heard the learned counsel on both sides.
-:2:-
Crl.M.C.1974/13
Crime No.333/06 of Nooranadu Police Station is hereby quashed and further proceedings in S.C.No.19/11 shall stand dropped.
Crl.M.C is disposed of accordingly.
sd/- A.V.RAMAKRISHNA PILLAI JUDGE
krj
//TRUE COPY// P.A. TO JUDGE
1 issue framed by the court
Whether the criminal miscellaneous petition seeking quashing of proceedings based on settlement is maintainable.
Jayakumar
Shamnad
A.V.Ramakrishna Pillai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
