The Court disposed of the criminal Miscellaneous petition seeking to quash the Final Report and further criminal proceedings under Section 482 Cr.P.C., holding that since the matter was settled between the parties, quashing would secure peace and justice.
Quashing of Annexure-A3 Final Report and further proceedings in C.C-99/2016.
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.SUDHEENDRA KUMAR
MONDAY, THE 6TH DAY OF MARCH 2017/15TH PHALGUNA, 1938 Crl.MC.No. 1466 of 2017 ()
AGAINST THE ORDER/JUDGMENT IN CC 99/2016 of JUDICIAL FIRST CLASS MAGISTRATE COURT, PIRAVOM DATED CRIME NO. 1091/2015 OF MULANTHURUTHY POLICE STATION , ERNAKULAM
PETITIONER(S)/ACCUSED NOS 1 TO 5:
BY ADVS.SRI.P.RAJEEV (KUZHIKKADAN) SRI.P.M.ARUN DAS
RESPONDENT(S):
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CONTD....
:2:
Crl.MC.No. 1466 of 2017 () ---------------------------
APPENDIX PETITIONER(S)' EXHIBITS ----------------------A1 CERTIFIED COPY OF THE FIR. A2 CERTIFIED COPY OF THE F.I STATEMENT. A3 CERTIFIED COPY OF THE FINAL REPORT. A4 AFFIDAVIT SWORN IN BY THE 1ST RESPONDENT. RESPONDENT(S)' EXHIBITS : NIL -----------------------
//TRUE COPY//
P.A. TO JUDGE
SKS
B.SUDHEENDRA KUMAR, J.
==================
Crl.M.C. No. 1466 of 2017
Dated this the 6th day of March, 2017
O R D E R
The petitioners are the accused in C.C-99/2016 on the files of the court below. The 1st respondent is the defacto complainant. The offences alleged as per Annexure-A3 final report are offences under Sections 294, 143, 147, 148, 452, 323, 324 and 427 r/w Section 149 IPC.
the matter has been settled between the parties, the
Crl. M.C. No. 1466 of 2017
2
quashing of the offences in this case would lead to peace and would secure justice, as the offences alleged are private
in nature.
the inherent power under Section 482 Cr.P.C., to meet the ends of justice. Accordingly, I order so.
In the result, this Crl.M.C. stands allowed.
sd/-
B. SUDHEENDRA KUMAR
JUDGE
SKS
//TRUE COPY//
P.A. TO JUDGE
2 issues framed by the court
Whether the final report and further proceedings in the criminal case should be quashed in view of the settlement between the parties.
Whether Section 482 Cr.P.C. can be invoked to quash proceedings in offences of a private nature to secure ends of justice.
2 provisions across 2 enactments
REJI
VIJI MATHAI
SOJAN MATHEW
KIRAN C. NAIR
SUNIL K VELAPPAN
MARY POULOSE
B.SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
