The petitioner, charged with offences under the IPC, sought quashing of criminal proceedings. The court, finding the matter settled with no public interest, quashed the criminal proceedings under Section 482 Cr.P.C.
The proceedings in C.C. No. 1636 of 2015 are quashed; appropriate orders to be passed regarding material objects produced.
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. 1322 of 2018
CC.1636/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOLLAM CRIME NO.526/2015 OF ANCHALUMMOODU POLICE STATION, KOLLAM
PETITIONER/ACCUSED
SMARAN BRITTO, AGED 36, S/O. BRITTO, VAYALAM KODIYIL HOUSE, KUREEPUZHA CHERRY, KUREEPUZHA P.O., THIRKKADAVOOR VILLAGE, ANCHALUMMOODU, KOLLAM.
BY ADV.SRI.JOSEPH SEBASTIAN (KOLLAM)
RESPONDENTS/STATE AND DE FACTO COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2. SHAJI THOMAS, S/O. THOMAS, AGED 46 YEARS, VAYALAM KODIYIL HOUSE, KUREEPUZHA CHERRY, KUREEPUZHA P.O., THIRKKADAVOOR VILLAGE, ANCHALUMMOODU, KOLLAM-691604.
R1 BY PUBLIC PROSECUTOR SRI.JAYASURYA B. R2 BY ADV. SRI.K.K.DHEERENDRAKRISHNAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
EL
Crl.MC.No. 1322 of 2018
APPENDIX
PETITIONER(S)' ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF FINAL REPORT IN C.C. NO.1636/2015 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT -I, KOLLAM.
ANNEXURE A2 AFFIDAVIT DATED 06.12.2017 SWORN IN BY THE 2ND
RESPONDENT/ DEFACTO COMPLAINANT.
RESPONDENT(S)' ANNEXURE
NIL
TRUE COPY
P.S. TO JUDGE
EL
13.3.2018
K.ABRAHAM MATHEW J.
Crl.M.C. NO.1322 OF 2018
Dated this the 13th day of March, 2018
ORDER
Petition filed under Section 482 Cr.P.C.
In the result, this Crl.M.C is allowed. The proceedings in C.C.No.1636 of 2015 on the file of the Judicial First Class Magistrate Court -I, Kollam are quashed. If any material objects have been produced in this case, the learned Magistrate may pass appropriate orders for their disposal.
Sd/- K.ABRAHAM MATHEW JUDGE
pm
1 issue framed by the court
Whether proceedings under sections 188, 294(b), 427, and 452 IPC can be quashed under Section 482 Cr.P.C. on settlement and lack of public interest.
1 provisions across 1 enactments
Smaran Britto
State of Kerala
Shaji Thomas
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
