The High Court of Kerala quashed criminal proceedings for robbery upon the submission of settlement and absence of public interest by the petitioner accused and victim.
The proceedings in Crime No. 601 of 2013 of Kaliyar 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
FRIDAY, THE 16TH DAY OF MARCH 2018 / 25TH PHALGUNA, 1939
Crl.MC.No. 1436 of 2018
CRIME NO.601/2013 OF KALIYAR POLICE STATION, IDUKKI
PETITIONER/ACCUSED :
AJEESH VIJAYAN, AGED 32, S/O VIJAYAN, PAZHAYIDAM HOUSE, MANGATTUKAVALA KARA, THODUPUZHA VILLAGE, THODUPUZHA TALUK.
BY ADV.SRI.G.SREEKUMAR (CHELUR)
RESPONDENTS/STATE OF KERALA AND COMPLAINANT:
1. THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KALIYAR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM-682031.
2. RESHEED, AGED 39, S/O MOIDEEN, CHERUPARAMBIL HOUSE, KADAVOOR P.O., KADAVOOR VILLAGE.
R1 BY SR. PUBLIC PROSECUTOR SRI.C.S.HRITWIK R2 BY ADV. SRI.N.L.BITTO
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
EL
Crl.MC.No. 1436 of 2018
APPENDIX
PETITIONER(S)' ANNEXURES
| ANNEXURE I |
A TRUE COPY OF THE STATEMENT 16/10/2018 OF |
THE FIR IN CRIME NO.601 OF 2013 AND OF THE SECOND RESPONDENT DATED THE KALLYAR POLICE STATION |
|---|---|---|
| ANNEXURE II: |
A TRUE COPY OF THE THODUPUZHA |
THE FIR IN CRIME OF 2147 OF 2013 OF POLICE STATION DATED 14/10/2013 |
| ANNEXURE III: | A TRUE COPY OF OF THE SECOND R |
THE FIRST INFORMATION STATEMENT ESPONDENT DATED 14/10/2013 |
| ANNEXURE IV: | A TRUE COPY OF THE VEHICLE KL ADDL. REGISTERI |
THE REGISTRATION CERTIFICATE OF 38 C 5002 DATED 4/10/2012 OF THE NG AUTHORITY, THODUPUZHA |
| ANNEXURE V: |
A TRUE COPY OF PETITIONER AND 7/9/2013 |
THE AGREEMENT EXECUTED BY THE THE SECOND RESPONDENT DATED |
| ANNEXURE VI: | A TRUE COPY OF CONCERNING THE |
THE INSURANCE CERTIFICATE VEHICLE DATED 3/10/2013 |
| ANNEXURE VII: | A TRUE COPY OF MOTOR VEHICLES |
THE FORMS 29 AND 30 UNDER THE RULES, DATED 7/9/2013 |
| ANNEXURE VIII: | A TRUE COPY OF FILED BY THE SE |
THE ORIGINAL OF THE AFFIDAVIT COND RESPONDENT DATED 27.2.2018 |
RESPONDENT(S)' ANNEXURE
NIL
TRUE COPY P.S. TO JUDGE
EL
16.3.2018
K. ABRAHAM MATHEW, J.
Crl.M.C. No. 1436 of 2018
Dated this the 16th day of March, 2018
O R D E R
Petition filed under Section 482 Cr.P.C.
of Kaliyar Police Station registered for the offence under Section 395 of the Indian Penal Code. The second respondent is the victim. It is submitted that the matter has been settled and the proceedings in the criminal case may be quashed.
Crl.M.C. No. 1436 of 2018
..2..
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/16.03.2018
1 issue framed by the court
Whether the criminal proceedings for robbery under Section 395 IPC should be quashed upon settlement between the accused and the victim.
2 provisions across 2 enactments
AJEESH VIJAYAN
THE STATE OF KERALA
RESHEED
K. ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
