The High Court of Kerala allowed a quashing petition filed by an accused named K. Rajin. The court observed that the matter was amicably settled, the petitioner has no criminal antecedents, and the injuries sustained by the victim were trivial.
Quashed all further proceedings in C.C. No.947 of 2015 as against the petitioner.
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 22ND DAY OF FEBRUARY 2016/3RD PHALGUNA, 1937
Crl.MC.No. 827 of 2016
CC 947/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYANNUR CRIME NO. 36/2007 OF PAZHAYANGADI POLICE STATION, KANNUR
PETITIONER(S)/ACCUSED NO.1:
K.RAJIN, AGED 33 YEARS, S/O RAVEENDRAN MARTHANGANDI, KOZHUMMEL HOUSE, PARIYARAM, KANNUR DISTRICT.
BY ADVS.SRI.TITUS MANI
SRI.P.A.JACOB SRI.BINNY THOMAS
RESPONDENT(S)/COMPLAINANT/DEFACTO COMPLAINANT:
-------------------------------------------------------------------------------------
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
2. MANDEN HAMZA, AGED 46 YEARS,
3. MUKKRIRAKATH SALIM, AGED 41 YEARS,
R1 BY PUBLIC PROSECUTOR SMT.MAYA R2 & R3 BY ADV. SRI.JOHNSON K.KURIEN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
Crl.MC.No. 827 of 2016
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEXURE AI: A CERTIFIED COPY OF THE FIR IN CRIME NO.36/2007 OF PAZHAYANGADI POLICE, PAZHAYANGADI.
ANNEXURE AII: A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.36/2007 OF THE PAZHAYANGADI POLICE STATION.
ANNEXURE AIII: AN AFFIDAVIT IN ORIGINAL FILED BY THE 2ND RESPONDENT.
ANNEXURE AIV: AN AFFIDAVIT IN ORIGINAL FILED BY THE 3RD RESPONDENT. RESPONDENT(S)' ANNEXURES:
NIL
//TRUE COPY//
P.S.TO JUDGE
Msv/
B. KEMAL PASHA, J.
................................................................ CRL.M.C. No. 827 of 2016
............................................................... Dated this the 22nd day of February, 2016
O R D E R
The petitioner is the first accused in C.C. No.947 of 2015 of the Judicial First Class Magistrate's Court, Payyannur, which has arisen from Crime No.36 of 2007 of the Pazhayangadi Police Station, registered for the offences punishable under Sections 323, 324 and 341 of the Indian Penal Code read with Section 34 IPC.
CRL.M.C.No. 827 of 2016
-: 2 :-
complainant and the injured respectively. They have filed separate affidavits as Annexures A3 and A4 affirming that the matter has been amicably settled between them and the petitioner and they have no complaints against the petitioner.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C. No.947 of 2015 of the Judicial First Class Magistrate's Court, Payyannur, as against the petitioner, based on Annexure A2 final report in Crime
CRL.M.C.No. 827 of 2016
-: 3 :-
No.36/2007 of the Pazhayangadi 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 proceedings in the criminal trial regarding the petitioner should be quashed given the amicable settlement and trivial nature of injuries.
1 provisions across 1 enactments
K. Rajin
State of Kerala
Manden Hamza
Mukkhirakath Salim
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
