The High Court allowed a criminal miscellaneous petition filed by an accused and quashed all further proceedings in the underlying criminal case following an amicable settlement between the accused and the de facto complainant.
All further proceedings against the petitioner in CC No. 95/2011 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
FRIDAY, THE 12TH DAY OF AUGUST 2016/21ST SRAVANA, 1938
Crl.MC.No. 5155 of 2016
CC 95/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOLLAM CRIME NO. 1917/2010 OF KOLLAM EAST POLICE STATION, KOLLAM
PETITIONER(S)/ACCUSED:
SUNDARAN PILLAI,
S/O.MADHAVAN PILLAI, AGED 57 YEARS, 'SOBHANA MANDIRAM', 6-SARAYU NAGAR, ASRAMAM LANE, KOLLAM EAST.
BY ADVS.SRI.SOORAJ T.ELENJICKAL SRI.P.A.MOHAMMED SHAH SMT.MARY RESHMA GEORGE SMT.V.A.HARITHA SMT.SANDHYA R.NAIR SMT.P.M.MAZNA MANSOOR
RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT:
1. STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. SHOBHANAN PILLAI, S/O.MADHAVAN PILLAI, AGED 63 YEARS, 'SRIVAS', 63 GANDHI NAGAR, ASRAMAM LANE, KOLLAM EAST.
R1 BY PUBLIC PROSECUTOR SMT.P.MAYA R2 BY ADV. SRI.M.T.SURESHKUMAR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
Crl.MC.No. 5155 of 2016
APPENDIX
PETITIONER(S)' ANNEXURE
ANNEXURE 1 CERTIFIED COPY OF THE FINAL REPORT SUBMITTED BY THE POLICE IN CRIME NO.1917/2010 OF KOLLAM EAST POLICE STATION.
RESPONDENT(S)' ANNEXURE:
-------------------------
NIL
//TRUE COPY//
P.S.TO JUDGE
Msv/
B. KEMAL PASHA, J.
Crl.M.C. No.5155 of 2016
Dated this the 12th day of August, 2016
O R D E R
~ ~ ~ ~ ~ ~
Petitioner is the accused in CC No.95/2011 of the
Judicial First Class Magistrate's Court-II, Kollam, which has arisen from Crime No.1917/2010 of Kollam East Police Station for the offences punishable under Sections 323, 324 and 294(b) IPC.
that the matter has been amicably settled between him and the petitioner and presently, he has no complaints against
Crl.M.C.5155/2016
: 2 :
the petitioner. No criminal antecedents have been reported against the petitioner. The injuries sustained to the de facto complainant are trivial. No purpose would be served in proceeding with the matter further. Matters being so, all further proceedings against the petitioner in CC No.95/2011 of the Judicial First Class Magistrate's Court-II, Kollam, which has arisen from Crime No.1917/2010 of Kollam East Police Station, can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings against the petitioner in CC No.95/2011 of the Judicial First Class Magistrate's Court-II, Kollam, which has arisen from Crime No.1917/2010 of Kollam East Police Station, are quashed.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/12/08
// True Copy //
PA to Judge
1 issue framed by the court
Whether further criminal proceedings should be quashed due to amicable settlement and trivial nature of injuries.
Sundanaran Pillai
State of Kerala
Shobhanan Pillai
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
