The High Court quashed the FIR and further proceedings in a criminal case registered under IPC sections 341, 323, 324, and 308. The Court allowed the petition based on an amicable settlement between the accused and the de facto complainant and found no basis for prosecution under Section 308.
Quashing of the F.I.R and further proceedings in Crime No. 27 of 2015.
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 P.UBAID
WEDNESDAY, THE 18TH DAY OF MARCH 2015/27TH PHALGUNA, 1936
Crl.MC.No. 1333 of 2015 ()
CRIME NO. 27/2015 OF KODENCHERY POLICE STATION , KOZHIKODE
PETITIONER/ACCUSED:
BENNY, AGED 42 YEARS
S/O. JOSEPH, NINAKKAPARAMBIL HOUSE, KODANCHERRY PO KOZHIKODE DISTRICT
BY ADVS.SRI.BABU S. NAIR SRI.K.RAKESH
RESPONDENTS/STATE & DEFACTO COMPLAINANTS:
ERNAKULAM KOCHI 31-FOR THE SUB INSPECTOR OF POLICE KODENCHERRY POLICE STATION, KOZHIKODE DISTRICT
R2 BY ADV. SMT.M.LISHA
R1 BY PUBLIC PROSECUTOR, SMT.P.MAYA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1333 of 2015 ()
APPENDIX
PETITIONER'S EXHIBITS
ANNEXURE A: TRUE COPY OF THE FIR IN CRIME NO. 27/2015 OF THE KODENCHERRY POLICE STATION DATED 22.2.2015
ANNEXURE B: TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DATED 27.2.2015
RESPONDENTS' EXHIBITS : NIL
// TRUE COPY //
PA to Judge
dl
P.UBAID, J.
Crl. M.C No.1333 of 2015
Dated this the 18th day of March, 2015.
O R D E R
The petitioner seeks orders quashing the F.I.R and further proceedings in Crime No.27 of 2015 of the Kodencherry Police Station, registered under Sections 341, 323, 324 and 308 of IPC on the complaint of one Suresh Babu. Orders are sought on the ground of amicable settlement of the whole dispute between the accused and the de facto complainant out of court. The de facto complainant Suresh Babu is the 2nd respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. He has filed affidavit to the effect that he has settled the whole dispute with the accused, and he has no grievance or complaint
Crl. M.C No.1333 of 2015 2
dispute, or if continuance of prosecution will not serve any purpose. Here, I find a real case of settlement between the parties, and I also find that continuance of prosecution in such a situation will not serve any purpose, other than wasting the precious time of the court, when the case ultimately comes before the court. On a perusal of the FI statement, I find nothing for a prosecution under Section 308 IPC. The said Section was incorporated by the police in the FIR on the basis of a hypothetical statement given by the complainant.
In the result, this petition is allowed. The F.I.R and further proceedings in crime No. 27 of 2015 of the Kodencherry Police Station will stand quashed under Section 482 of the Code of Criminal Procedure.
Sd/P.UBAID, JUDGE
sab
2 issues framed by the court
Whether the F.I.R and further proceedings in the criminal case can be quashed under Section 482 CrPC considering the amicable settlement of the dispute between the parties.
Whether the complaint regarding attempt to murder under Section 308 IPC has a genuine basis for prosecution.
2 provisions across 2 enactments
BENNY
THE STATE OF KERALA
SURESH BABU
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
