This is a criminal miscellaneous petition filed by accused seeking quashing of FIR based on settlement. While the matter has been settled between the parties and no public interest is involved, the court quashed the final report to meet the ends of justice.
Quashed Annexure A1 final report and further proceedings against the petitioners in C.C.No.314/2016.
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
THURSDAY, THE 2ND DAY OF MARCH 2017/11TH PHALGUNA, 1938
Crl.MC.No. 1690 of 2017 ()
CC 314/2016 of J.F.M.C., ADOOR CRIME NO.2837/2015 OF ADOOR POLICE STATION, PATHANAMTITTA
PETITIONER(S)/ACCUSED 1 TO 3:
1. SAJI @ SASI AGED 38 S/O. SAMUEL, NIRAPPIL VEETTIL, KAITHAPRAMPU MURIYIL, ENATHU VILLAGE, PATHANAMTHITTA DISTRICT
2. SUJITH
AGED 27, S/O. RAJU, VAZHAKUNNIL VEETTIL, KALLETHU, NEDUMON MURIYIL, EZHAMKULAM VILLAGE, PATHANAMTHITTA DISTRICT.
3. VINEESH AGED 27, S/O. KOCHUNNI, CHARUVILA, KOZHAKKATHIL VEETTIL, KAITHAPARAMPU MURI, ENATHU VILLAGE, PATHANAMTHITTA DISTRICT.
BY ADVS.SRI.K.SHAJ
SRI.RENJIT GEORGE
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. SUSAMMA, AGED 62 YEARS, W/O.THOMAS, BATHEL HOUSE, ALA THEKKUM MURI, ALA VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT-689 121.
3. GRACY, AGED 21 YEARS, W/O.JOSEPH, WORSHIP CENTRE, KALLETHY, NEDUMON MURIYIL, EZHAMKULAM VILLAGE, FROM BATHEL HOUSE, ALA THEKKUM MURI, ALA VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT-689 121.
R2 & R3 BY ADV. SRI.SERGI JOSEPH THOMAS R1 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1690 of 2017 ()
APPENDIX
PETITIONER(S)' EXHIBITS:
| ANNEXURE A1: | THE TRUE COPY OF THE FINAL REPORT IN CC.NO.314/2016 |
|---|---|
| ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COUR, ADOOR ARISING OUT OF CRIME NO. 2837/2015 OF ADOOR POLICE STATION. |
|
| ANNEXURE A2: | AN AFFIDAVIT SWORN BY THE SECOND RESPONDENT STATING |
| THE SETTLEMENT OF ALL THE DISPUTES. | |
| ANNEXURE A3: | AN AFFIDAVIT SWORN BY THE THIRD RESPONDENT STATING THE SETTLEMENT OF ALL THE DISPUTES. |
RESPONDENT(S)' EXHIBITS: NIL
-----------------------
//TRUE COPY//
P.A. TO JUDGE
STK
B. SUDHEENDRA KUMAR, J.
-------------------------------Crl.M.C. No.1690 of 2017
Dated this the 2st day of March, 2017
O R D E R
The petitioners are accused in C.C.No.314/2016 on the files of the court below. The second and the third respondents are the injured in this case. The offences alleged as per Annexure-A1 final report are the offences under Sections 452, 294(b), 323, 354, 427, and 506(1) r/w Section 34 IPC.
Crl.M.C. No.1690 of 2017
2
and proper to quash Annexure A1 final report and further proceedings against the petitioners in C.C.No.314/2016 on the files of the court below in exercise of 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
STK
//TRUE COPY// //P.A. TO JUDGE//
2 issues framed by the court
Whether the criminal proceeding should be quashed in exercise of inherent powers.
Whether quashing of the FIR secures the ends of justice given the settlement between parties.
1 provisions across 1 enactments
STATE OF KERALA
B. SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
