The High Court of Kerala quashed criminal proceedings against an accused in a case involving offences under the IPC and Arms Act because the matter was amicably settled and injuries were trivial.
Further proceedings against the petitioner based on the FIR in Crime No. 108/2016 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
TUESDAY, THE 23RD DAY OF FEBRUARY 2016/4TH PHALGUNA, 1937
Crl.MC.No. 847 of 2016
CRIME NO. 108/2016 OF POOVAR POLICE STATION , THIRUVANANTHAPURAM
PETITIONER(S)/ACCUSED:
FRANKLIN,
S/O.YOHANNAN, ANGEL BAHVAN, ERIKKALUVILA, POOVAR VILLAGE, NEYYATTINKARA TALUK.
BY ADVS.SRI.G.SUDHEER
SMT.N.P.ASHA
RESPONDENT(S)/STATE & DEFACTO COMPLAINANT :
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. ALEXANDER, AGED 55 YEARS, S/O.SARIYAR PICHA, TSUNAMI COLONY, NEAR T.B.JUNCTION, VALIYAVILA, POOVAR, THIRUVANANTHAPURAM- 695 001.
R1 BY PUBLIC PROSECUTOR SMT.MAYA R2 BY ADV. SRI.SHAJIN S.HAMEED
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
Crl.MC.No. 847 of 2016
APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE-A: A TRUE COPY OF THE FIR IN CRIME NO.108/2016 DATED 02/02/2016 OF POOVAR POLICE STATION.
ANNEXURE-B: NOTARISED AFFIDAVIT SWORN AND SIGNED BY THE DEFACTO COMPLAINANT BEFORE THE NOTARY PUBLIC DATED 06/02/2016.
RESPONDENT(S)' ANNEXURES :
NIL
//TRUE COPY//
P.S.TO JUDGE.
Msd.
B. KEMAL PASHA, J.
................................................................ CRL.M.C. No. 847 of 2016
............................................................... Dated this the 23rd day of February, 2016
O R D E R
The petitioner is the accused in Crime No.108 of 2016
of the Poovar Police Station, registered for the offences punishable under Sections 447, 294(b), 324 and 308 of the Indian Penal Code and Section 27 of the Arms Act.
CRL.M.C.No. 847 of 2016
-: 2 :-
IPC in the matter. The injuries sustained to the injured 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 as against the petitioner based on Annexure-A FIR in Crime No.108/2016 of the Poovar Police Station, which is pending before the Judicial First Class Magistrate's Court-II, Neyyattinkjara, can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings as against the petitioner based on Annexure-A FIR in Crime No.108/2016 of the Poovar Police Station, which is pending before the Judicial First Class Magistrate's Court-II, Neyyattinkjara, 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 should be quashed given the amicable settlement and trivial nature of injuries.
2 provisions across 2 enactments
Franklin
State of Kerala
Alexander
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
