The Court quashed criminal proceedings pending against the petitioner for assault and obscene acts when the matter was amicably settled between him and the defacto complainant, noting no criminal antecedents for the petitioner.
All further proceedings in C.C.No.1635 of 2010 against the petitioner based on Crime No.324/2010 are 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
MONDAY, THE 25TH DAY OF JANUARY 2016/5TH MAGHA, 1937
Crl.MC.No. 132 of 2016 ()
CC. NO.1635/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOTTARAKKARA.
PETITIONER/ACCUSED:
SUDHEESH, AGED 30 YEARS, S/O. SASIDHARAN, SUDHEESH BHAVAN, PUNNAKKODU MURI, POOYAPPALLY VILLAGE, KOLLAM.
BY ADV. SRI.SYAM J SAM.
RESPONDENT/STATE AND DEFACTO COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, KERALA AT ERNAKULAM-682 031.
2. MANU C.K.,
R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE. R2 BY ADV. SMT.KRISHNA RAJENDRAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
Crl.MC.No. 132 of 2016
APPENDIX
PETITIONER'S ANNEXURES:-
| ANNEXURE A1- | CERTIFIED COPY OF THE CHARGE SHEET IN C.C.NO.1146/2014 OF JFMC-II KOTTARAKKARA. |
|---|---|
| ANNEXURE A2- | THE TRUE COPY OF THE COMPROMISE ENTERED BETWEEN THE ACCUSED AND DEFACTO COMPLAINANT IN CRIME NO.324/2010 OF POOYAPPALLY POLICE STATION. |
| ANNEXURE A3- | THE TRUE COPY OF THE ORDER IN C.C.NO.1635/2010 OF JFMC-II, KOTTARAKKARA. |
| ANNEXURE A4- | AFFIDAVIT SWORN BY THE SECOND RESPONDENT. |
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
B. KEMAL PASHA, J.
................................................................ CRL.M.C. No. 132 of 2016
............................................................... Dated this the 25th day of January, 2016
O R D E R
Originally, the petitioner was the 3rd accused in Crime No.324 of 2010 of the Pooyappally Police Station, which is now pending as C.C. No.1635 of 2010 of the Judicial First Class Magistrate's Court-II, Kottarakkara, for the offences punishable under Sections 341, 323 and 294(b) of the Indian Penal Code read with Section 34 IPC. All the other accused faced the trial and they were acquitted by the learned Magistrate, as the matter was settled out of court.
who is the 2nd respondent herein. The defacto complainant has filed Annexure A4 affidavit affirming that the matter has been amicably settled between him and the petitioner and
CRL.M.C.No. 132 of 2016
-: 2 :-
he has no complaints against the petitioner.
against the petitioner. When the matter has been amicably settled, no purpose would be served in proceeding with the matter further, and therefore, all further proceedings in C.C.No.1635 of 2010 pending before the Judicial First Class Magistrate's Court-II, Kottarakkara, as against the petitioner, based on Annexure A1 in Crime No.324/2010 of the Pooyappally Police Station, can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.1635 of 2010 pending before the Judicial First Class Magistrate's Court-II, Kottarakkara, as against the petitioner, based on Annexure A1 in Crime No.324/2010 of the Pooyappally Police Station, are hereby quashed.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
[True copy] P.S. to Judge
2 issues framed by the court
Whether criminal proceedings should be quashed when the matter has been amicably settled between the accused and the defacto complainant.
Whether the petitioner has any criminal antecedents affecting the decision to quash the proceedings.
1 provisions across 1 enactments
SUDHEESH
STATE OF KERALA
MANU C.K.
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
