The High Court allowed the quashing petition under Section 482 Cr.P.C. for a dispute regarding property damage and social media postings, holding that the matter was amicable and settled based on the de facto complainant's affidavit.
All further proceedings in CC No. 903/2012 pertaining to Crime No. 808/2011 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 SUNIL THOMAS
WEDNESDAY, THE 11TH DAY OF APRIL 2018 / 21ST CHAITHRA, 1940
Crl.MC.No. 154 of 2018
PENDING AS CC 903/2012 of JUDICIAL FIRST CLASS MAGISTRATE COURT, ,IRINJALAKUDA
CRIME NO. 221/2012 OF IRINJALAKUDA POLICE STATION , TRISSUR
PETITIONER(S)/SOLE ACCUSED
SAGAR, AGED 30, S/O.VIJAYAN, SREERAGAM, AKIPARAMBATH HOUSE, KEEZHTHANI DESOM, KARALAM VILLAGE, THRISSUR DISTRICT.
BY ADV.SRI.G.SREEKUMAR (CHELUR)
RESPONDENT(S)/STATE OF KERALA AND THE COMPLAINANT:
1. THE STATE OF KERALA,
2. ANITHA,
R1 BY SMT.M.K.PUSHPALATHA, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 11-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 154 of 2018 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE I- A TRUE COPY OF THE F.I.R. IN CRIME NO.808 OF 2011 DATED 23/05/2011 REGISTERED BY THE IRINJALAKUDA POLICE ALONG WITH STATEMENT OF THE DEFACTO COMPLAINANT AND OTHERS.
RESPONDENT(S)' EXHIBITS
NIL
R.AV
//TRUE COPY//
PA TO JUDGE
SUNIL THOMAS, J
Crl.M.C.No.154 of 2018
Dated this the 11th day of April, 2018
ORDER
The petitioner herein is the sole accused in Crime No.808 of 2011 of the Irinjalakuda Police Station, for offences punishable under sections 447 & 427 of the Indian Penal Code.
house and caused damages to the window piece. It was also stated that certain facebook postings were also done with the intention of disturbing the marriage of the daughter of the defacto complainant.. Pursuant to the FIS laid, crime was registered and after investigation final report was filed. The matter is now pending as CC.No.903/2012 of the Judicial First Class Magistrate Court, Irinjalakuda. According to the petitioner herein, the matter has been settled amicably with the defacto complainant. It is also stated that she has no objection in quashing the
Crl.M.C.No.154 of 2018
2
proceedings. Annexure-A3 is the affidavit is stated to be affirmed by the defacto complainant. Notice was issued from this court to the respondent - defacto complainant, who did not appear, to contest the proceedings. The learned Public Prosecutor on instructions, submitted that the matter has been settled and the statement of the defacto complainant has been recorded. Having considered these facts, I am inclined to hold that the matter is one, in which the provision under section 482 Cr.P.C can be invoked.
Accordingly, Crl.M.C is allowed. All further proceedings in CC.No.903/2012 on the files of the Chief Judicial Magistrate Court, Irinjalakuda, in Crime No.808/2011 of Irinjalakuda Police Station, will stand quashed.
Sd/- SUNIL THOMAS, JUDGE
R.AV
//True Copy//
PA to Judge
2 issues framed by the court
Whether the criminal proceedings can be quashed under Section 482 Cr.P.C. on the ground of settled dispute.
Whether the statement of the de facto complainant recorded in the affidavit supports the plea of settlement.
2 provisions across 2 enactments
Sagar
Anitha
The State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
