The High Court of Kerala allowed a petition under Section 482 Cr.P.C. to quash criminal proceedings. The court found the matter between the accused and the victim was settled and no public interest was involved, granting the prayer to quash the case.
Quashing of proceedings in C.C. No. 65 of 2012 before the Judicial Magistrate of First Class-I, Attingal.
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 5TH DAY OF JUNE 2018 / 15TH JYAISHTA, 1940
Crl.MC.No. 1355 of 2018
C.C.NO. 65/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ATTINGAL
CRIME NO. 206/2011 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT
PETITIONER(S)/ACCUSED 1 & 2 :
1 ANITHA, AGED 48 YEARS, W/O.BABU, THOPPIL HOUSE, NEAR MISSION HOSPITAL, ATTINGAL VILLAGE, NOW RESIDING AT VISAKAM, ITI ROAD, ATTINGAL, THIRUVANANTHAPURAM.
2 SHANU, AGED 29 YEARS, S/O.BABU, THOPPIL HOUSE, NEAR MISSION HOSPITAL, ATTINGAL VILLAGE, NOW RESIDING AT VISAKAM, ITI ROAD, ATTINGAL, THIRUVANANTHAPURAM.
BY ADV.SMT.MINI.V.A.
RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT :
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. NIZARUDEEN, AGED 38 YEARS, S/O.MUHAMMED KASIM, ANEESA MANZIL, CHEMBAKAMANGALAM, KORANI P.O., CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT.
R1 BY SR.PUBLIC PROSECUTOR SRI.ALEX M.THOMBRA R2 BY ADV. SRI.J.JAYAKUMAR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
06.06.2018
Crl.MC.No. 1355 of 2018
APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE A1: TRUE COPY OF THE DECREE DATED 31.01.2014 IN OS.NO.349/2009 OF SUB COURT, ATTINGAL.
ANNEXURE A2: TRUE COPY OF THE PETITION FILED BY THE PETITIONERS BEFORE THE SUB COURT, ATTINGAL IN E.P.NO.37/2014 IN OS.NO.349/2009.
ANNEXURE A3: TRUE COPY OF THE SUMMONS DATED 20.11.2017 IN C.C.NO.65/2012 ISSUED FROM THE JUDICIAL FIRST CLASS MAGISTRATE COURT I, ATTINGAL. ANNEXURE A4: CERTIFIED COPY OF THE FIR IN CRIME NO.206/11 OF ATTINGAL POLICE STATION.
ANNEXURE A5: CERTIFIED COPY OF CHARGE SHEET IN C.C.NO.65/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, ATTINGAL.
RESPONDENT(S)' ANNEXURES :
NIL
//TRUE COPY//
P.S.TO JUDGE
Msd.
06.06.2018
K.ABRAHAM MATHEW J.
Crl.M.C. No.1355 of 2018
Dated this the 5th day of June, 2018
ORDER
Petition filed under Section 482 Cr.P.C.
-:2:-
Crl.M.C. 1355 /18
of the petitioners.
In the result, this Crl.M.C is allowed. The proceedings in C.C. No.65 of 2012 on the file of the Judicial Magistrate of First Class-I, Attingal are quashed.
K.ABRAHAM MATHEW JUDGE
vps 5/6
/True Copy/
PS to Judge
1 issue framed by the court
Whether the criminal proceedings under Section 420 IPC can be quashed upon settlement of the matter.
1 provisions across 1 enactments
ANITHA
SHANU
STATE OF KERALA
NIZARUDEEN
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
