Petitioners sought quashing of prosecution under Cr.P.C. Section 482 in a compoundable Section 420 IPC case, citing an out-of-court settlement. The Bench advised parties to approach the Magistrate for composition instead.
None. The criminal miscellaneous case is closed with advice to approach the Magistrate.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
THURSDAY, THE 3RD DAY OF DECEMBER 2015/12TH AGRAHAYANA, 1937
Crl.MC.No. 7580 of 2015
CC 935/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, TRIVANDRUM CRIME NO. 606/2014 OF SREEKARIYAM POLICE STATION THIRUVANANTHAPURAM
PETITIONER/ACCUSED 1 TO 3:
1. RAJEEV, AGED 36 YEARS S/O. RADHAKRISHNAN, SARASWATHY VILASOM, KALLAMPALLY EDAVAKODU.
2. MOHANAN, AGED 53 YEARS S/O. VELAYUDHAN, SUNITHA BHAVAN, KALLAMPALLY SREEKARIYAM, THIRUVANANTHAPURAM.
3. ANOOP, AGED 36 YEARS S/O. REGHUNATHAN, THRIKKETTA, KARIYAM SREEKARIYAM, THIRUVANANTHAPURAM.
BY ADVS.SRI.P.A.AHAMMED SRI.THOUFEEK AHAMED
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. VRINDARANI SATHI BHAVAN, NJALIKONAM, THRIKKANNAPURAM.
R1 BY PUBLIC PROSECUTOR SMT. SHEEBA M.T.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7580 of 2015
APPENDIX
PETITIONER(S)' ANNEXURES:-
ANNEXURE A : CERTIFIED COPY OF FINAL REPORT DTD.10.11.14 IN CRIME NO.606/2014 OF SREEKARYAM POLICE STATION.
ANNEXURE B : CERTIFIED COPY OF FIR IN CRIME NO.606/14 OF SREEKARYAM POLICE STATION, DTD.1.6.2014.
ANNEXURE C : COPY OF PLAINT IN OS NO.117/2014 ON THE FILE OF THE PRINCIPAL SUB COURT, THIRUVANANTHAPURAM, DTD.11.6.2014 FILED BY THE 2ND RESPONDENT.
ANNEXURE D : COPY OF AGREEMENT ENTERED INTO BETWEEN PETITIONERS AND 2ND RESPONDENT DTD. 5.11.2014.
ANNEXURE E : COPY OF COMPROMISE PETITION, IA NO.4120/14 IN OS NO.117/2014 ON THE FILE OF PRINCIPAL SUB COURT, THIRUVANANTHAPURAM, DTD.5.11.2014 FILED BY THE 1ST PETITIONER AND 2ND RESPONDENT.
RESPONDENT(S)' ANNEXURES:- NIL
/TRUE COPY/
P.A. TO JUDGE
DCS
P. UBAID, J.
Crl.M.C. No.7580 of 2015
Dated this the 03rd day of December, 2015
O R D E R
The petitioners herein who are the three accused in C.C. No. 935/2015 of the Judicial First Class Magistrate Court - I, Thiruvananthapuram seek orders quashing the prosecution on the ground of amicable settlement made out of court. What is practically reported is composition under the law. The offence under Section 420 of IPC is well compoundable under the law. The parties can very well approach the learned Magistrate and file a composition before the trial court. It is not known, why the parties have approached this Court under Section 482 of Criminal Procedure Code when the normal and practical course of composition is possible before the learned magistrate.
With these observations, that the parties can very well approach the learned Magistrate for composition, this Crl. M.C. is closed.
P. UBAID, JUDGE
DCS
RAJEEV
MOHANAN
ANOOP
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
VRINDARANI SATHI
P. UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
