The Kerala High Court quashed criminal proceedings under the IPC, including Sections 143, 147, 148, 341, 323, and 506, after the complainant filed an affidavit confirming that the matter was settled amicably and no further complaints existed.
The final report and all further proceedings in C.C No. 226/2015 were quashed.
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 B.KEMAL PASHA
THURSDAY, THE 1ST DAY OF OCTOBER 2015/9TH ASWINA, 1937
Crl.MC.No. 6132 of 2015
CC 226/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NEDUMKANDOM.
PETITIONERS/ACCUSED:
1. K.I.RAMESAN, AGED 47 YEARS, S/O. KRISHNAN, INIKUKNNIL (HOUSE), KOMBAYAR,
2. LIJU, AGED 25 YEARS, S/O. VARGHESE, ELANGIKODE (HOUSE), VASUKUTTAN PARA,
3. ANEESH, AGED 22 YEARS, S/O. VARGHESE, CHERIVU KALAYIL (HOUSE), MUNDIYERUMA, PARATHODU VILLAGE, IDUKKI DISTRICT.
4. THOMAS @ KUNJUMON, AGED 51 YEARS, S/O. THOMAS, ELLUKALAYIL (HOUSE), VASUKUTTAN PARA, KOMBAYAR, PARATHODU VILLAGE, IDUKKI DISTRICT.
5. SANTHOSH KUMAR, AGED 51 YEARS, S/O. PRABHAKARAN, PUNNAKKAL (HOUSE),
BY ADV. SMT.G.VIDYA
RESPONDENTS/COMPLAINANT:
1. STATE OF KERALA,
2. S. MANOJ, AGED 41 YEARS,
R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R2 BY ADV. SRI.JESWIN P.VARGHESE
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No. 6132 of 2015
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEXURE A- THE CERTIFIED COPY OF THE FINAL REPORT REGISTERED AS C.C.NO. 226/2015 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NEDUMKANDOM.
ANNEXURE B- THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 10-08-2015.
RESPONDENTS' ANNEXURES: NIL.
//TRUE COPY//
P.S. TO JUDGE
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B.KEMAL PASHA, J.
================
Crl.M.C. No. 6132 of 2015
======================= Dated this the 1st day of October, 2015
O R D E R
Petitioners are the accused in C.C No.226/2015 of the Judicial First Class Magistrate's Court, Nedumkandom, which has arisen from Crime No.162/2015 of the Nedumkandom Police Station, for the offences punishable under Sections 143, 147, 148, 341, 323, 324 and 506(1) read with Section 149 IPC.
Crl.M.C. No. 6132 of 2015
2
complaints against the petitioners. When the matter has been settled between the parties, there is no meaning in proceeding with the matter further and therefore, Annexure A final report and all further proceedings in C.C No.226/2015 of the Judicial First Class Magistrate's Court, Nedumkandom, can be quashed.
In the result, this Crl.M.C is allowed and Annexure A final report and all further proceedings in C.C No.226/2015
of the Judicial First Class Magistrate's Court, Nedumkandom, are hereby quashed.
Sd/- B.KEMAL PASHA, JUDGE
stu
1 issue framed by the court
Whether further criminal proceedings should continue when the matter has been amicably settled between the parties and the complainant has no complaints.
1 provisions across 1 enactments
K.I. RAMESAN
LIJU
ANEESH
THOMAS @ KUNJUMON
SANTHOSH KUMAR
STATE OF KERALA
B. KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
