Krishnan v. Sheeba
Case brief
What is this about?
In Crl.MC.No. 1709 of 2014, the Kerala High Court quashed criminal proceedings under IPC Sections 448, 427, and 294(b) after the complainant submitted an affidavit stating the matter had been settled out of court and she did not wish to prosecute.
What did the court decide?
Further proceedings in C.C. No. 693/2013 of Judicial First Class Magistrate Court-II, Hosdurg are quashed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
THURSDAY, THE 20TH DAY OF MARCH 2014/29TH PHALGUNA, 1935
Crl.MC.No. 1709 of 2014 ()
AGAINST THE ORDER IN CC 693/2013 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II,HOSDRUG CRIME NO. 100/2008 OF NILESHWAR POLICE STATION , KASARGOD
PETITIONER(S)/ACCUSED:
KRISHNAN, S/O.RAGAVAN, ATTIPARAMBIL HOUSE, PALAKKAT, PEROLE VILLAGE NILESHWAR, KASARAGOD DISTRICT.
BY ADV. SRI.S.VISHNU (TRIPUNITHURA)
COMPLAINANT(S)/RESPONDENTS/COMPLAINANT:
1. SHEEBA, AGED 34 YEARS W/O.KRISHNAN, CHAYOTH, NEAR PERIGARA BAGAVATHY TEMPLE KINANOOR GRAMAM, KASARAGOD.
Issues for consideration
3 issues framed by the court
Whether further proceedings in C.C. No. 693/2013 should be quashed in light of out-of-court settlement.
Whether the complainant's affidavit stating the matter is settled warrants quashing the criminal proceedings.
Whether the court has jurisdiction to quash proceedings filed under Sections 448, 427 and 294(b) of IPC upon settlement.
Parties & counsel
- petitioner
Krishnan, S/O. Ragan
- respondent
Sheeba
- respondent
State of Kerala
Coram
Case details
As recorded by the court registry
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