Couraquashed. Criminal proceedings for assault punishable under IPC Sections 323, 324 and 34 were quashed due to complete settlement of disputes between parties and absence of grievance, concluding no larger public issues arose.
Criminal miscellaneous petition allowed; all further proceedings in CC No. 580/2014 and Crime No. 581/2013 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. 2013 of 2018
PENDING AS CC 580/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT, PATTAMBI
CRIME NO. 581/2013 OF PATTAMBI POLICE STATION , PALAKKAD
PETITIONER(S)/ACCUSED NO. 1 TO 3
BY ADV.SRI.A.HAROON RASHEED
RESPONDENT(S)/COMPLAINANT:
1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE PATTAMBI POLICE STATION, PALAKKAD DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. RASHEED AGED 33 YEARS, S/O. HAMSA, RESIDING AT THARAYIL THODI HOUSE, KOTHACHIRA, NAGALASSERI, PATTAMBI TALUK, PALAKKAD DT. 679 535.
3. SHAMEERA
Crl.MC.No. 2013 of 2018
4. FATHIMA
5. RASIYA
KOOMBANKALLU, MELE PATTAMBI P.O,
PATTAMBI, PALAKKAD DT. 679 306
R2-5 BY ADV. SRI.C.R.REKHESH SHARMA R1 BY SRI.AMJAD ALI, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2013 of 2018 ()
APPENDIX
PETITIONER(S)' EXHIBITS
| ANNEXURE A1 |
THE TRUE COPY OF THE FIR IN CRIME NO. 581/2013 OF PATTAMBI POLICE STATION |
|---|---|
| ANNEXURE A2 |
THE TRUE COPY OF THE FINAL REPORT/CHARGE SHEET IN CRIME NO.581/2013 OF PATTAMBI POLICE STATION |
| ANNEXURE A3 |
THE TRUE COPY OF THE AFFIDAVIT REGARDING SETTLEMENT SIGNED BY THE 2ND RESPONDENT |
| ANNEXURE A4 |
THE TRUE COPY OF THE AFFIDAVIT REGARDING SETTLEMENT SIGNED BY THE 3RD RESPONDENT |
| ANNESURE A5 |
THE TRUE COPY OF THE AFFIDAVIT REGARDING SETTLEMENT SIGNED BY THE 4TH RESPONDENT |
| ANNEXURE A6 |
THE TRUE COPY OF THE AFFIDAVIT REGARDING SETTLEMENT SIGNED BY THE 5TH RESPONDENT. |
RESPONDENT(S)' EXHIBITS NIL
R.AV //TRUE COPY//
PA TO JUDGE
SUNIL THOMAS, J.
Crl.M.C.No.2013 of 2018
Dated this the 11th day of April, 2018
O R D E R
The petitioners herein, allegedly trespassed into the house of the defacto complainant at 14.30.hours and assaulted the defacto complainant and the family members. It was alleged that they used a piece of wood piece and also assaulted with bare hands. Few persons sustained injuries. Complaint was laid and crime was registered as Crime No.581/2013 of Pattambi Police Station, for offences punishable under sections 323, 324 and read with section 34 of the Indian Penal Code. After investigation, final report was laid against the petitioners herein. Cognizance was taken and the matter is now pending as CC.No.580/2014 of the Judicial First Class Magistrate Court, Pattambi.
2
Crl.M.C.No.2013 of 2018
substantiate it, affidavits of respondents Nos.2 to 5, have been produced as Annexures-A3 to A6. The learned counsel for the petitioners and the learned counsel for the respondents 2 to 5, submitted that they have no surviving grievance. Having considered these facts, and also the submission of the learned Public prosecutor that the matter has been settled and the statement of the defacto complainant has been recorded. I am inclined to hold that, larger questions of public importance do not arise in this case.
Accordingly, the Crl.M.C is allowed. All further proceedings in CC.No.580/2014 of the Judicial First Class Magistrate Court, Pattambi, in Crime No.581/2013 of Pattambi 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 under Sections 323, 324 and 34 IPC can be quashed on the ground of settlement between parties.
Whether larger public questions of importance arise in settled family disputes involving assault allegations.
1 provisions across 1 enactments
Abdul Rasak
Muhammed Mustafa
Abdul Nasar
State of Kerala
Rasheed
Shameera
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
