The Criminal Miscellaneous Case was filed to quash criminal proceedings under sections 323, 324, 341 r/w 34 IPC. The Court found that the case was settled and no public interest was involved, thus allowing the quash of proceedings.
The proceedings in Crime No.2832 of 2017 of North Police Station 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
WEDNESDAY, THE 14TH DAY OF MARCH 2018 / 23RD PHALGUNA, 1939
Crl.MC.No. 1394 of 2018
CRIME NO.2832/2017 OF NORTH PARAVUR POLICE STATION,ERNAKULAM DISTRICT
PETITIONER(S)/ACCUSED NOS.1 TO 6
BY ADV.SRI.KURIAN JOSEPH (ARAKKUNNAM)
RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NORTH PARAVUR POLICE STATION, ERNAKULAM DISTRICT
(THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM).
2/-
Crl.MC.No. 1394 of 2018
2. NIKESH BABU, AGED 27 YEARS, S/O.RAMESH BABU, VELIYIL HOUSE, KAITHARAM.P.O., NORTH PARAVUR, ERNAKULAM-683 519.
R1 BY SR PUBLIC PROSECUTOR SRI.C.S.HRITHWIK R2 BY ADV. SRI.ASHIK K.MOHAMMED ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts 14/3/2018
Crl.MC.No. 1394 of 2018 ()
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEXURE A1 CERTIFIED COPY OF THE FIR ALONG WITH THE F.I STATEMENT IN CRIME NO.2832 OF 2017 OF THE NORTH PARAVUR POLICE STATION. ANNEXURE A2 THE AFFIDAVIT FILED BY THE 2ND RESPONDENT.
RESPONDENT'S ANNEXURES: NIL
/TRUE COPY/
P.A.TO JUDGE
sts 14/3/2018
K. ABRAHAM MATHEW, J.
Crl.M.C. No. 1394 of 2018
Dated this the 14th day of March, 2018
O R D E R
Petition filed under Section 482 Cr.P.C.
Crl.M.C. No. 1394 of 2018
..2..
in Crime No.2832 of 2017 of North Police Station are quashed. If any material object has been produced in the case, the learned magistrate may pass appropriate orders for disposal.
Sd/- K. ABRAHAM MATHEW JUDGE
bka/14.03.2018
1 issue framed by the court
Whether the proceedings in the criminal case may be quashed on the grounds of settlement and lack of public interest.
2 provisions across 2 enactments
Petitioner(s)/Accused Nos.1 to 6 (Nithin, Vinod M. Nayar, Syam Kumar K.M., Saji B., Pradeep M.G., Jithin Valsan)
State of Kerala
Nikesh Babu
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
