Held that a Criminal Misc. Case arising from offences under Sections 323, 324, and 341 IPC should be quashed where the parties have amicably settled the matter, the complainant filed an affidavit confirming no further complaints, and the injuries were trivial.
The Criminal Misc. Case is allowed; all further proceedings in CC No.1451/2013 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 13TH DAY OF JANUARY 2016/23RD POUSHA, 1937
Crl.MC.No. 59 of 2016 ()
CC.NO. 1451/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, THRISSUR
PETITIONERS/ACCUSED 1 TO 3 :
1. SANAL N.K., AGED 25 YEARS, S/O.KUNJAN, NEDUNGADUKUDIYIL HOUSE, K.A.U. QUARTERS, E-25 MANNUTHI P.O., OLLUKARA, THRISSUR - 680 651.
2. ANAS M.H., AGED 22 YEARS
3. SIJO, AGED 23 YEARS
RESPONDENTS/STATE AND DEFACTO COMPLAINANT :
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. ANU RAJ,
AGED 22 YEARS, S/O.RAJAN, VALAPARAMBIL HOUSE, MUPILYAM VILLAGE THRISSUR - 680 312.
R1 BY PUBLIC PROSECUTOR SMT. P. MAYA R2 BY ADV. SMT.SANU S. MALAKEEL
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
...2/-
Crl.MC.No. 59 of 2016 ()
APPENDIX
PETITIONERS' ANNEXURES :
ANNEXURE A1. A TRUE COPY OF THE CHARGE SHEET IN CRIME NO.606 OF 2013 OF THE THRISSUR EAST POLICE STATION, THRISSUR DISTRICT DATED 19.03.2013.
ANNEXURE A2. AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DATED 12.12.2015.
RESPONDENT(S)' ANNEXURES : NIL
//TRUE COPY//
P.A. TO JUDGE
Mn
B. KEMAL PASHA, J.
Crl.M.C. No.59 of 2016
Dated this the 13th day of January, 2016
~ ~ ~ ~ ~ ~
Petitioners are the accused in CC No.1451/2013
of the Judicial First Class Magistrate's Court-I, Thrissur, which has arisen from Crime No.606/2013 of Thrissur East Police Station for the offences punishable under Sections 323, 324 and 341 read with Section 34 IPC.
Crl.M.C.59/2016
: 2 :
purpose would be served in proceeding with the matter further. Matters being so, all further proceedings against the petitioners in CC No.1451/2013 of the Judicial First Class Magistrate's Court-I, Thrissur, which has arisen from Crime No.606/2013 of Thrissur East Police Station, can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings against the petitioners in CC No.1451/2013 of the Judicial First Class Magistrate's Court-I, Thrissur, which has arisen from Crime No.606/2013 of Thrissur East Police Station, are quashed.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/13/01
// True Copy //
PA to Judge
2 issues framed by the court
Whether a Criminal Miscellaneous Case should be quashed upon settlement between accused and complainant.
Whether an affidavit affirming settlement and no criminal antecedents warrants quashing of criminal proceedings.
1 provisions across 1 enactments
Sanal N.K.
Anas M.H.
Sijo
State of Kerala
Anu Raj
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
