In Crl.M.C.No. 1297 of 2018, Justice K.Abraham Mathew quashed criminal proceedings under Sections 323 and 341 IPC based on a settlement between the accused and the complainant after hearing counsel.
Criminal proceedings in Crime No.1564 of 2017 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
TUESDAY, THE 13TH DAY OF MARCH 2018 / 22ND PHALGUNA, 1939
Crl.MC.No. 1297 of 2018
CRIME NO. 1564/2017 OF KURUPPANPADY POLICE STATION , ERNAKULAM
PETITIONERS/ACCUSED 1 - 2 IN CRIME NO 1564/2017 OF KURUPPANPADI POLICE STATION
VETTIKKAL.P.O., MULANTHURUTHY- 682 314,
BY ADV.SRI.NIRMAL V NAIR
RESPONDENTS/COMPLAINANT AND DE FACTO COMPLAINANT/ INJURED:
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No. 1297 of 2018
APPENDIX
PETITIONERS' EXHIBITS
ANNEXURE A1 A TRUE COPY OF THE FIR IN CRIME NO.1564/2017 OF THE KURUPPANPADI POLICE STATION
ANNEXURE A2 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT
RESPONDENTS' EXHIBITS: NIL
/TRUE COPY/
P.S.TO JUDGE
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K.ABRAHAM MATHEW J.
Crl.M.C.No.1297 of 2018
Dated this the 13th day of March, 2018
ORDER
Petition filed under Section 482 Cr.P.C.
respondent and the learned Public Prosecutor.
In the result, this Crl.M.C is allowed. The proceedings in Crime No.1564 of 2017 of Kuruppanpadi Police Station are quashed. If any material objects have been produced in the case the trial court may pass appropriate orders for their disposal.
K.ABRAHAM MATHEW JUDGE
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2 issues framed by the court
Whether the proceedings in the criminal case ought to be quashed on account of settlement.
Whether petitioners are entitled to quash the FIR under Section 482 Cr.P.C.
1 provisions across 1 enactments
Muhammed Farooque
Binto Biju
State of Kerala
Nirmal Shibu
K.Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
