Where a criminal case involving an offence u/s 324 IPC has been amicably settled between the accused and the complainant, and the injuries caused are trivial, the court is justified in quashing the proceedings to avoid serving no useful purpose.
All further proceedings in C.C. No. 490 of 2013 against the petitioner were 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 19TH DAY OF FEBRUARY 2016/30TH MAGHA, 1937
Crl.MC.No. 810 of 2016 ()
CC. NO.490/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDURG. CRIME NO. 327/2010 OF HOSDURG POLICE STATION, KASARAGOD.
PETITIONER/SOLE ACCUSED:
SHIHAB K.P., AGED 35 YEARS, S/O.ABDUL RAHIMAN, K.P.R. MANZIL, VADAKARA MUKK, BALLA VILLAGE, KASARAGOD DISTRICT.
BY ADVS.SRI.RAHUL SASI, SMT.NEETHU PREM.,
RESPONDENTS/COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. C.K. RAHMATHULLA, AGED 47 YEARS, S/O.MUHAMMED KUNHI, R/AT BALLA KADAPPURAM, BALLA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT-670 121.
R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE. R2 BY ADV. SRI.NIRMAL V NAIR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
Crl.MC.No. 810 of 2016
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE-A1 A TRUE COPY OF THE CHARGE SHEET IN CRIME NO.327 OF 2010 OF HOSDURG POLICE STATION.
ANNEXURE-A2 TRUE COPY AFFIDAVIT PRODUCED BY THE 2ND RESPONDENT.
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
B. KEMAL PASHA, J.
................................................................ CRL.M.C. No. 810 of 2016
............................................................... Dated this the 19th day of February, 2016
O R D E R
Petitioner is the sole accused in Crime No.327 of 2010
of the Hosurg Police Station, which is now pending as C.C. No.490 of 2013 of the Judicial First Class Magistrate's Court-I, Hosdurg, for the offence punishable under Section 324 of the Indian Penal Code.
has filed Annexure A2 affidavit affirming that the matter has been amicably settled between him and the petitioner and
he has no complaints against the petitioner.
CRL.M.C.No. 810 of 2016
-: 2 :-
are trivial. 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.490 of 2013 pending before the Judicial First Class Magistrate's Court-I, Hosdurg, as against the petitioner, based on Annexure A1 in Crime No.327/2010 of the Hosdurg Police Station, can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.490 of 2013 pending before the Judicial First Class Magistrate's Court-I, Hosdurg, as against the petitioner, based on Annexure A1 in Crime No.327/2010 of the Hosdurg Police Station, are hereby quashed.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
[True copy] P.S. to Judge
1 issue framed by the court
Whether to quash criminal proceedings under Section 324 IPC where the dispute has been amicably settled and injuries are trivial.
Shihab K.P.
State of Kerala
C.K. Rahmathulla
B.Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
