Petitioner sought to quash prosecution under Section 482 CrPC claiming settlement. Court dismissed the petition as incomplete because petitioner failed to produce affidavits from two of three victims, noting that settlement involving only one witness is insufficient to quash the case.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
TUESDAY, THE 15TH DAY OF DECEMBER 2015/24TH AGRAHAYANA, 1937
Crl.MC.No. 6207 of 2015 ()
IN CC 422/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, MANANTHAVADY
CRIME NO. 165/2014 OF VELLAMUNDA POLICE STATION , WAYANAD
PETITIONER(S):
PANNIYODAN ABDUL NAZAR AGED 48 YEARS S/O PANNIYODAN CHERIYA VEEDU, KUNHOME PO WAYANAD DISTRICT
BY ADVS.SRI.KRISHNA PRASAD. S
SRI.NOBEL RAJU
RESPONDENT/DEFACTO COMPLAIANTS:
1. JAMEELA CHOORYAN W/O HASHIM, CHOORYAN VEEDU, THONDERNADU KUNHOM PO, VELLAMUNDA MANATHAVADY, WAYANAD
2. STATE OF KERALA
R1 BY ADV. SRI.SHIRAZ ABDULLA R2 BY ADV.SHEEBA M.T., PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6207 of 2015 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A1: COPY OF THE FIR DT. 16/5/14 IN CRIME NO. 165/2014 O F VELLAMUNDA POLICE STATION ANNEXURE A2: CERTIFIED COPY OF THE FINAL REPORT NO. 209/14 DT. 30/6/14 ANNEXURE A3: AN AFFIDAVIT DT. 26/8/15 EXECUTED AND SIGNED BY THE 1ST RESPONDENT
RESPONDENT(S)' EXHIBITS: N I L
---------------------------------------
//TRUE COPY//
P.A. TO JUDGE
JV
P. UBAID, J.
------------------------------Crl.M.C.No.6207 of 2015
Dated this the 15th day of December, 2015
ORDER
The petitioner herein is the sole accused in C.C.No.422/2014 of the Judicial First Class Magistrate Court-I, Mananthavady. He seeks orders quashing the prosecution on the ground of settlement of the dispute between him and the victims of offence. Of the three victims, only one is a party herein, as respondent No.1. She has filed affidavit to the effect that she has settled the whole dispute with the accused, and she has no grievance or complaint now.
Crl.M.C.No.6207/2015
2
terms with the victims. But such a course is not possible and the prosecution cannot be so quashed as regards some of the witnesses. The petitioner will have to face trial, if he is not in a position to obtain affidavit from the other victims, showing amicable settlement out of Court.
In the result, this Crl.M.C. is dismissed in limini.
SD/- P. UBAID JUDGE
JV
3 issues framed by the court
Whether the prosecution can be quashed under Section 482 CrPC when the petitioner failed to produce affidavits of two of the three victims regarding settlement.
Whether settlement by one victim alone is sufficient to quash the entire criminal prosecution.
Whether the petition challenging the prosecution is allowed or dismissed given the incomplete settlement evidence.
1 provisions across 1 enactments
PANNIYODAN ABDUL NAZAR
JAMEELA CHOORYAN
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
