In quashing proceedings for the offence under Section 366 IPC, the Court observed that the matter was settled between the petitioner and the victim. Quashing the final report and proceedings was deemed necessary to meet the ends of justice under Section 482 Cr.P.C.
Quashed the final report and further proceedings against the petitioner in S.C. No. 1288 of 2012.
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
WEDNESDAY, THE 16TH DAY OF AUGUST 2017/25TH SRAVANA, 1939 Crl.MC.No. 5322 of 2017 ()
SC 1288/2012 of I ADDL.SESSIONS COURT, KOLLAM CRIME NO. 1022/2011 OF KOTTIYAM POLICE STATION, KOLLAM
PETITIONER(S)/ACCUSED:
MUNEER, S/O.SIRAJUDEEN
RESIDING AT RIYAS MANZIL, MYLAPORE CHERY, THAZHUTHALA VILLAGE, KOLLAM DISTRICT-691 571.
BY ADV. SRI.C.R.JAYAKUMAR
RESPONDENT(S)/COMPLAINANTS:
R2 BY ADV. SRI.B.SIBI
R BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-08-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5322 of 2017 () ---------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A1 CERTIFIED COPY OF THE FIR NO.1022/2011 OF KOTTIYAM POLICE STATION
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN FIR NO.1022/2011 OF KOTTIYAM POLICE STATION.
ANNEXURE A3: AFFIDAVIT PREPARED BY MRS.SOUMYA TO BE FILED BEFORE THIS HON'BLE COURT.
RESPONDENT(S)' EXHIBITS
/TRUE COPY/
P.S. TO JUDGE
B. SUDHEENDRA KUMAR, J.
Crl.M.C. No. 5322 of 2017
Dated this the 16th day of August, 2017
ORDER
The petitioner is the accused in S.C. No. 1288 of 2012 on the files of the court below. The offence alleged is the offence under Section 366 IPC.
the parties and the learned Public Prosecutor that the matter has been settled between the parties. The 2nd respondent, who is the victim, filed affidavit stating that the matter has been settled and she has no further grievance against the petitioner. It is further stated in the affidavit that she is presently leading a married life with her husband, namely, Elliyas.
-2-
Crl.M.C. No. 5322 of 2017
In the result, this Crl. M.C. stands allowed.
SD/- B. SUDHEENDRA KUMAR, JUDGE .
ani/
2 issues framed by the court
Whether the offence under Section 366 IPC may be quashed in view of a compromise between the parties.
Whether the ends of justice are better served by quashing the criminal proceedings.
1 provisions across 1 enactments
STATE OF KERALA
SOUMYA, D/O.RAHIM
B. SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
