Single Judge order allowing a Criminal Misc. Case to quash pending criminal proceedings against the petitioner. The matter was amially settled between the petitioner and the defacto complainant (2nd respondent). No criminal antecedents were reported against the petitioner.
All further proceedings in C.C. No.1914 of 2015 pending against the petitioner 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
WEDNESDAY, THE 20TH DAY OF JANUARY 2016/30TH POUSHA, 1937
Crl.MC.No. 164 of 2016
CC 1914/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALUVA CRIME NO. 2603/2015 OF ALUVA EAST POLICE STATION, ERNAKULAM
PETITIONER(S)/ACCUSED:
--------------------------------------
SUDHEER, AGED 40 YEARS, S/O. ALI AHAMMED, KOLANGATTUPARAMBIL HOUSE, EDAYAPURAM KARA, KEEZHMAD, ALUVA.
BY ADV. SRI.G.SANTHOSH KUMAR (P).
RESPONDENT(S)/RESPONDENTS:
-------------------------------------------------
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 31.
2. BENNY, AGED 57 YEARS, S/O. IYPE, PUTHUSSERY HOUSE, NEAR ALUVA EAST POLICE STATION, ALUVA - 683 101.
R2 BY ADV. SRI.T.K.NAZAR
R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
Crl.MC.No. 164 of 2016
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEXURE 1: CERTIFIED COPY OF THE CHARGE SHEET SUBMITTED IN THE CRIME NO 2603/2015 OF ALUVA EAST POLICE STATION.
ANNEXURE II: AFFIDAVIT OF THE 2ND RESPONDENT.
RESPONDENT(S)' ANNEXURES:
NIL
//TRUE COPY//
P.S.TO JUDGE
Msv/
B. KEMAL PASHA, J.
................................................................ CRL.M.C. No. 164 of 2016
............................................................... Dated this the 20th day of January, 2016
O R D E R
The petitioner is the first accused in C.C. No.1914 of 2015 of the Judicial First Class Magistrate's Court-I, Aluva, which has arisen from Crime No.2603 of 2015 of the Aluva East Police Station, registered for the offences punishable under Sections 452 and 324 of the Indian Penal Code read with Section 34 IPC.
CRL.M.C.No. 7443 of 2015
-: 2 :-
2nd and 3rd accused.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C. No.1914 of 2015 pending before the Judicial First Class Magistrate's Court-I, Aluva, as against the petitioner, based on Annexure-I in Crime No.2603/2015 of the Aluva East Police Station, are hereby quashed.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
[True copy] P.S. to Judge
1 issue framed by the court
Whether further criminal proceedings against the petitioner can be quashed on the ground of amicable settlement and lack of reported criminal antecedents.
2 provisions across 2 enactments
Sudheer
State of Kerala
Benny
B.Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
