The High Court of Kerala quashed criminal proceedings against two accused who alleged the FIR was based on a civil misunderstanding. Settled between parties and cited the end of justice, the bench invoked inherent powers to dismiss the case.
Criminal Misc. Case allowed; all further proceedings in Crime No.198/2018 stood 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
FRIDAY, THE 6TH DAY OF APRIL 2018 / 16TH CHAITHRA, 1940
Crl.MC.No. 1890 of 2018
CRIME NO. 198/2018 OF KUNNAMANGALAM POLICE STATION, KOZHIKODE
PETITIONER(S)/ACCUSED
BY ADV.SRI.BIJU.P.N.
RESPONDENT(S)/STATE
1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KUNNAMANGALAM POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. SUJITHA, AGED 35 YEARS, W/O.SREEDHARAN K.P., RESIDING AT KUZHIPRAMMAL HOUSE, MADAVOOR POST, 673585- PIN, NARIKKUNI, KOZHIKODE, KERALA.
R2 BY ADV. SRI.P.AKHEEL AHAMMED R1 BY SR. PUBLIC PROSECUTOR SRI.C.N.PRABHAKARAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1890 of 2018 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A- THE TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.198/2018 OF KUNNAMANGALAM POLICE STATION.
ANNEXURE B- AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS : NIL
/TRUE COPY/
P. A. TO JUDGE
Pn
SUNIL THOMAS, J.
Crl. M. C. No. 1890 of 2018
Dated this the 6th day of April, 2018
O R D E R
Petitioners are arrayed as the accused in Crime No.198/2018 of the Judicial First Class Magistrate Court, Kunnamangalam for offences punishable under Sections 452, 341, 323, 354 read with 34 of IPC. It was alleged that on 27.02.2018, the petitioners herein trespassed into the shed of the de facto complainant, kicked her and pushed her down. It was alleged that it was done with the intention of outraging her modesty. Pursuant to the complaint laid, crime was registered by the Kunnamangalam Police. Investigation is progressing.
Crl. M. C. No. 1890 of 2018
2
that the de facto complainant has no objection in quashing the proceedings.
Having considered these facts, I feel that this is a fit case in which Section 482 Cr.P.C. can be invoked to meet the ends of justice. Accordingly, Crl.M.C. is allowed. All further proceedings in Crime No.198/2018 of the Judicial First Class Magistrate Court, Kunnamangalam stand quashed.
Sd/-
SUNIL THOMAS, JUDGE.
Pn
1 issue framed by the court
Whether criminal proceedings arising from a personal dispute amicable resolved by the parties are fit cases for quashing under Section 482 Cr.P.C.
2 provisions across 2 enactments
Shimil
Vineesh
State of Kerala
Sujitha
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
