Allowed

Balan v. State of Kerala

Kerala HC11 Aug 2017Crl.MC/5208/2017

Case brief

AI extract

What is this about?

A criminal miscellaneous case filed to quash proceedings against the petitioner. The High Court allowed the petition and quashed the final report and further proceedings on the ground that the matter had been settled between the parties, exercising its inherent powers under Section 482 Cr.P.C.

What did the court decide?

The final report filed under Section 202 Cr.P.C. and the proceedings in SC No. 152/2013 were quashed.

Balan Vs State of Kerala — Quashing and FIR | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

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FRIDAY, THE 11TH DAY OF AUGUST 2017/20TH SRAVANA, 1939

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Crl.MC.No. 5208 of 2017 ()

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SC 152/2013 of ADDL. SESSIONS COURT-1, PATHANAMTHITTA

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CRIME NO. 217/2011 OF CHITTAR POLICE STATION, PATHANAMTITTA

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PETITIONER(S):

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BALAN

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AGED 55, S/O. PARAMU ACHARI, RESIDING AT CHARUMMOOTTIL VEEDU, KOCHUKOICKAL, VADAKKEKARA MURI, CHITTAR SEETHATHODU VILLAGE, PATHNAMTHITTA DISTRICT.

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BY ADV. SRI.MANU RAMACHANDRAN

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RESPONDENT(S):

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1. STATE OF KERALA THROUGH INSPECTOR OF POLICE, CHITTAR POLICE STATION, PATHANAMTHITTA DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, 682 031.

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2. A.V.ASHWATHI

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AGED 31 YEARS, D/O. AMMINI, RESIDING AT AJI BHAVANAM HOUSE, ANGAMOOZHY P.O, SEETHATHODU VILLAGE, KONNI TALUK, PATHANAMTHITTA DISTRICT.

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R2 BY ADV. SRI.M.KIRANLAL

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R1 BY PUBLIC PROSECUTOR SRI.E.C.BINEESH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11-08-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 5208 of 2017 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A1. COPY OF THE FIR IN CRIME NO 217/2011 OF CHTTAR POLICE STATION, PATHANAMTHITTA.

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ANNEXURE A2. COPY OF THE FINAL REPORT IN CRIME NO. 217/2011 OF CHITTAR POLICE STATION, PATHANAMTHITTA WHICH IS NOW PENDING AS SC 152/2013 ON THE FILES OF LEARNED ADDITIONAL SESSIONS COURT 1, PATHANAMTHITTA.

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ANNEXURE A3. COPY OF THE COMPROMISE ENTERED INTO BY THE 2ND RESPONDENT/DE-FACTO COMPLAINANT WITH HER HUSBAND THE BROTHER OF PETITIONER HEREIN.

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ANNEXURE A4. ORGINAL OF THE AFFIDAVIT DATED 25.7.17 SWORN BY THE 2ND RESPONDENT/ DEFACTO COMPLAINANAT.

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RESPONDENT'S EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

STK

B. SUDHEENDRA KUMAR, J.

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-------------------------------Crl.M.C. No.5208 of 2017

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Dated this the 11^th day of August, 2017

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O R D E R

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The petitioner is the accused in S.C.No.152/2013 on

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the files of the court below. The offences alleged are the offences under Sections 452, 354, 509, 506(i) and 511 of 376 IPC.

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Heard.

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It has been submitted by the learned counsel for

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the parties and the learned Public Prosecutor that the matter has been settled. 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 petitioner. The petitioner is the brother of the husband of the second respondent. Considering the facts

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and circumstances of the case, including the relationship between the parties, I am of the view that since the matter

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Crl.M.C. No.5208 of 2017

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-: 2 :-

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has been settled between the parties, quashing the said offences would secure the ends of justice. For the said reason, I am inclined to quash the final report and further proceedings against the petitioner in S.C.No.152/2013 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 and accordingly, I order so.

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In the result, this Crl.M.C. stands allowed.

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Sd/-

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B. SUDHEENDRA KUMAR, JUDGE

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STK

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//TRUE COPY//

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//P.A. TO JUDGE//

Balan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Balan v. State of Kerala

Case brief

What is this about?

What did the court decide?

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