The Court allowed a criminal miscellaneous petition to quash the FIR and proceedings under various IPC sections. The quashing was based on a settlement affidavit filed by the de facto complainant, who stated there were no further grievances.
The FIR and proceedings in Crime No.766/2017 of Narakkal Police Station 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 B.SUDHEENDRA KUMAR
MONDAY, THE 7TH DAY OF AUGUST 2017/16TH SRAVANA, 1939
Crl.MC.No. 5025 of 2017 ()
CRIME NO. 766/2017 OF NARAKKAL POLICE STATION, ERNAKULAM
PETITIONER(S):
1. RATHEESH S/O. REJI, AGED 31 YEARS, VATTATHARA HOUSE, NAYARAMBALAM VILLAGE, NAYARAMBALAM P.O., ERNAKULAM DISTRICT, PIN - 682 505.
2. SREEYESH S/O. SIVANANDAN, AGED 28 YEARS, KOMATH NIKATHIL HOUSE, NAYARAMBALAM VILLAGE, NAYARAMBALAM P.O., ERNAKULAM DISTRICT, PIN - 682 505.
3. ROOPESH S/O. SIVANANDAN, AGED 30 YEARS, KOMATH NIKATHIL HOUSE, NAYARAMBALAM VILLAGE, NAYARAMBALAM P.O., ERNAKULAM DISTRICT, PIN - 682 505.
BY ADVS.SRI.P.P.SUBHASH CHANDRAN
SMT.M.KABANI DINESH
RESPONDENT(S):
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. BINDHU AGED 38 YEARS, W/O. ANILKUMAR, VATTATHARA HOUSE, NAYARAMBALAM VILLAGE, NAYARAMBALAM P.O., ERNAKULAM DISTRICT, PIN - 682 505.
R2 BY ADV. SRI.M.P.SUMOD
R1 BY PUBLIC PROSECUTOR SRI.E.C.BINEESH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07-08-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5025 of 2017 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A1 CERTIFIED COPY OF THE FIR AND FI STATEMENT IN CRIME NO.766/2017 OF NARAKKAL POLICE STATION. ANNEXURE A2 CERTIFIED COPY OF THE FIR AND FI STATEMENT IN CRIME NO. 771/2017 OF NARAKKAL POLICE STATION. ANNEXURE A3 ORIGINAL OF THE AFFIDAVIT PREPARED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
STK
B. SUDHEENDRA KUMAR, J.
-------------------------------Crl.M.C. No.5025 of 2017
Dated this the 7th day of August, 2017
O R D E R
The petitioners are accused in Crime No.766/2017 of Narakkal Police Station registered for the offences under Sections 143, 147, 148, 323, 354, 452, 506(i), 294(b) and 427 r/w Section 149 IPC.
the parties and the learned Public Prosecutor that the matter has been settled between the parties. The second respondent, who is the defacto complainant, filed affidavit stating that the matter has been settled and hence she has no further grievance against the petitioners. Since the matter has been settled, I am of the view that quashing the said offences would secure the ends of justice. For the said reason, I am inclined to quash the FIR and further
Crl.M.C. No.5025 of 2017
-: 2 :-
proceedings against the petitioners in Crime No.766/2017 of Narakkal Police Station, in exercise of the inherent power under Section 482 Cr.P.C., to meet the ends of justice and 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//
1 issue framed by the court
Whether the FIR and proceedings should be quashed in view of the settlement between the parties.
2 provisions across 2 enactments
RATHEESH S/O. REJI
SREEYESH S/O. SIVANANDAN
ROOPESH S/O. SIVANANDAN
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
BINDHU
B. SUDHEENDRA KUMAR
STK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
