This criminal miscellaneous petition allowed the quashing of criminal proceedings against the petitioner in the Sessions Court. The court allowed the petition and quashed all further proceedings as the matter was amicably settled between the parties.
Crl.M.C. No. 7290 of 2015 allowed; all further proceedings in S.C. No. 590/2014 against the petitioner 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 19TH DAY OF NOVEMBER 2015/28TH KARTHIKA, 1937
Crl.MC.No. 7290 of 2015 ()
SC. NO.590/2014 OF ADDITIONAL DISTRICT & SESSIONS COURT - II, KASARAGOD. CRIME NO. 750/2011 OF HOSDURG POLICE STATION.
PETITIONER/ACCUSED:
SALAM C.H., AGED 28 YEARS, S/O.YOUSEF, CHERAKADATH HOUSE, BADARIYA NAGAR, HOSDURG BEACH, P.O. KANHANGAD, KASARAGOD DISTRICT.
BY ADV. SRI.K.P.HARISH.
RESPONDENTS/STATE & DEFACTO COMPLAINANT/INJURED (CW1):
1. STATE OF KERALA, THROUGH STATION HOUSE OFFICER, HOSDURG POLICE STATION, (CRIME NO.750/2011), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. SUNESH. P., AGED 28 YEARS, S/O.SURENDRAN, R/AT PUTHIYAVALAPPU HOUSE, HOSDURG KODAPPURAM, P.O. KANHANGAD, HOSDURG VILLAGE OF HOSDURG TALUK, KASARAGOD DISTRICT-671 315.
R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE. R2 BY ADV. SRI.M.T.SURESHKUMAR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
Crl.MC.No. 7290 of 2015
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE A1 COPY OF THE FIR AND FI STATEMENT DATED 08/07/2011 IN CRIME NO.750/2011 OF HOSDURG POLICE STATION. ANNEXURE A2 COPY OF THE FINAL REPORT DATED 24/09/2011 IN CRIME NO.750/2011 AS NUMBERED AS CP NO.131/2011 OF 2014 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDURG. ANNEXURE A3 COPY OF THE AFFIDAVIT DATED 03/11/2015 OF THE 2ND RESPONDENT/DEFACTO COMPLAINANT.
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
B. KEMAL PASHA, J.
Crl.M.C. No.7290 of 2015
Dated this the 19th day of November, 2015
O R D E R
~ ~ ~ ~ ~ ~
Petitioner is the accused in S.C. No.590/2014 of
the Additional District and Sessions Court-II, Kasaragod, which has arisen from Crime No.750/2011 of Hosdurg Police Station, for the offences punishable under Sections 143, 147, 148, 341, 324 and 308 read with Section 149 IPC.
settled between the parties.
between him and the petitioner and he has no complaints against the petitioner.
Crl.M.C.7290/2015
: 2 :
between the parties, no purpose would be served in proceeding with the matter any further. Matters being so, all further proceedings against the petitioner in S.C. No.590/2014 of the Additional District and Sessions Court-II, Kasaragod, which has arisen from Crime No.750/2011 of Hosdurg Police Station, can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings against the petitioner in S.C. No.590/2014 of the Additional District and Sessions Court-II, Kasaragod, which has arisen from Crime No.750/2011 of Hosdurg Police Station, are quashed.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/19/11
// True Copy //
PA to Judge
3 issues framed by the court
Whether criminal proceedings for offences under Sections 143, 147, 148, 308 IPC read with Section 149 IPC should be quashed given the dispute has been amicably settled.
Whether there remain ingredients to invite an offence under Section 308 IPC post-settlement.
Whether further proceedings in the Trial Court can be quashed when the matter is settled.
SALAM C.H.
STATE OF KERALA
SUNESH. P.
B. KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
