An accused in an arson case arising under Section 436 IPC filed a petition. The police and private parties entered into a settlement, but the burning of a building precludes such a settlement on the Section 436 facts. The Criminal Miscellaneous Case was dismissed.
Criminal Miscellaneous Case dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
FRIDAY, THE 20TH DAY OF NOVEMBER 2015/29TH KARTHIKA, 1937
Crl.MC.No. 7157 of 2015
SC 695/2014 OF ADDITIONAL ASSISTANT SESSIONS COURT, KOCHI CRIME NO. 1306/2012 OF NJARAKKAL POLICE STATION, ERNAKULAM
PETITIONER(S)/ACCUSED:
HAMSON, AGED 29 YEARS, S/O.ANTONY, ANTHIKKAD HOUSE, VATTAPPARAMBU BHAGAM, ASSAD ROAD, KALOOR, ERNAKULAM DISTRICT.
BY ADVS.SRI.T.P.SANTHOSH KUMAR SRI.JACOB THIRUVINAL VARGHESE
RESPONDENT(S)/STATE AND CW1 TO 2:
1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NJARAKKAL POLICE STATION, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 682 031.
2. TONY, AGED 30 YEARS, S/O.GEORGE, MATTATHITHARA HOUSE, NEAR SUJATHA THEATER ELAMKUNNAPUHA VILLAGE, ERNAKULAM DISTRICT.
R1 BY PUBLIC PROSECUTOR SMT.MAYA R2 BY ADV. SMT.N.P.RUKSANA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
Crl.MC.No. 7157 of 2015
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A1. COPY OF THE CHARGE SHEET IN SC 695/14 IS PENDING ON THE FILES OF ADDITIONAL ASSISTANT SESSIONS COURT, AT KOCHI, ARISING OUT OF CRIME 1306/12 OF NJARAKKAL POLICE STATION.
ANNEXURE A2. NOTARISED AFFIDAVIT DATED 28.10.15 SWORN BY THE 2ND RESPONDENT.
RESPONDENT(S)' EXHIBITS
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
B. KEMAL PASHA, J.
................................................................ CRL.M.C. No. 7157 of 2015 .................................................................. Dated this the 20th day of November, 2015
O R D E R
Petitioner is the accused in S.C.No.695/2014 of the Additional Assistant Sessions Court, Kochi, which has arisen from Crime No.1306/2012 of the Njarakkal Police Station, for the offence punishable under Section 436 of the Indian Penal Code. It seems that the parties have entered into a settlement whereby the matter has been settled between the parties.
CRL.M.C.No. 7157 of 2015
-: 2 :-
settlement arrived at between the parties. Matters being so,
this Crl.M.C. stands dismissed.
Sd/- B.KEMAL PASHA, JUDGE
ul/-
[True copy] P.S. to Judge
1 issue framed by the court
Whether settlement between the parties in a case involving Section 436 IPC (arson/destroying property) bars the imprisonment period.
1 provisions across 1 enactments
Hamson
State of Kerala
Tony
B. Kemal Pasha
Justice
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
