The High Court allowed the petition for quashing of criminal proceedings under Section 482 Cr.P.C. The court recorded the parties' settlement and the non-involvement of public interest, finding the allegations true.
This Crl.M.C. is allowed and the proceedings in SC No.215/2016 are 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 K.ABRAHAM MATHEW
FRIDAY, THE 23RD DAY OF JUNE 2017/2ND ASHADHA, 1939
Crl.MC.No. 4083 of 2017 ()
SC 635/2013 OF ADDL. SESSIONS COURT - V, KOZHIKODE. CRIME NO.625/2010 OF NADAPURAM POLICE STATION, KOZHIKODE.
PETITIONER/ACCUSED.:
VIJESH P.P, S/O BALAN, AGED 30 YEARS, PUTHANPEEDIKAYIL HOUSE, P.O.CHELAKKAD, VADAKARA TALUK, KOZHIKODE-673506.
BY ADV. SRI.SRINATH GIRISH
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. ASEEZ, S/O.KUNHABDULLA, AGED 48, RESIDING AT MANOLI HOUSE, KUTTIPRAM AMSOM DESOM, NADAPURAM, KOZHIKODE-673504.
R1 BY PUBLIC PROSECUTOR SRI.AMJAD ALI R2 BY ADV.SRI.P.M.UNNI NAMBOODIRI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-06-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No. 4083 of 2017 ()
APPENDIX
PETITIONERS' ANNEXURES:
ANNEXURE A1: CERTIFIED COPY OF THE FIR NO.625/2010 DATED 29.10.2010 , NADAPURAM POLICE STATION, IN CC.1427/2014 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE, NADAPURAM. ANNEXURE A2: CERTIFIED COPY OF THE FINAL REPORT DATED 18.12.2010 IN FIR NO.625/2010 DATED 29.10.2010 NADAPURAM POLICE STATION, IN C.C NO.1427/2014 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE, NADAPURAM. ANNEXURE A3: TRUE COPY OF THE ORDER DATED 30.8.2014 IN SC.NO.635/2013 BEFORE THE ADDL. SESSIONS JUDGE V, KOZHIKODE. ANNEXURE A4: CERTIFIED COPY OF THE JUDGMENT DATED 28.9.2016 IN C.C NO.1427/2014 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE, NADAPURAM. ANNEXURE A5: AFFIDAVIT DATED 22.5.2017 SUBMITTED BY THE 2ND RESPONDENT RESPONDENTS' ANNEXURES: NIL. //TRUE COPY//
P.S. TO JUDGE
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K. ABRAHAM MATHEW, J.
Crl.M.C. No. 4083 of 2017
Dated this the 23rd day of June, 2017
O R D E R
Petition filed under Section 482 Cr.P.C.
2.Petitioner is the 6th accused in CP No.33/2013 on th file of the Judicial First Class Magistrate, Nadapuram. As he was absconding, the case against him was split up and refiled as CP No.119/2013. The allegation is that he along with the co-accused committed the offences under Sections 143, 147, 452, 427 r/w Section 149 of the Indian Penal Code. The 2nd respondent is the victim. It is submitted that the matter has been settled and the proceedings in the criminal case may be quashed.
Crl.M.C. No. 4083 of 2017
..2..
not identify the culprits. There was a total lack of evidence to prove the prosecution case. The case against the petitioner has now been refiled as SC No.215/2016 in the Sessions Court, Kozhikode. The 2nd respondent has filed an affidavit stating that he has no objection to the prayer in this Crl.M.C. being granted. I am satisfied that the allegation of settlement is true and no public interest is involved in this case. Having regard to the facts mentioned above, I am inclined to allow the prayer.
In the result, this Crl.M.C. is allowed. The proceedings in SC No.215/2016 on the file of the Additional Sessions Court-V, Kozhikode are quashed. If any material object has been produced in the case, the learned Magistrate may pass appropriate orders for its disposal.
Sd/- K. ABRAHAM MATHEW JUDGE
bka/-
1 issue framed by the court
Whether the Criminal Miscellaneous Case filed under Section 482 Cr.P.C. for quashing of proceedings can be allowed when the matter has been settled and no public interest is involved.
1 provisions across 1 enactments
Vijesh P.P
The State of Kerala
Aseez
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
