Court allowed criminal miscellaneous petition to quash FIR under Section 482 Cr.P.C. based on settlement arrangement and victim’s recorded statement indicating no interest in pursuing the case under Section 354 IPC.
All further proceedings in Crime No. 1621/2016 of Town South Police Station, Ernakulam stand 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 22ND DAY OF JUNE 2018 / 1ST ASHADHA, 1940 Crl.MC.No. 2568 of 2018
CRIME NO. 1621/2016 OF ERNAKULAM SOUTH POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED:
BALACHANDRAN, SASTHAMUGAL, MAMALA, (RESIDING AT ANILA BHAVAN, CHAVARA BRIDGE P.O,KOLLAM-691 584.
BY ADVS.DR.K.P.SATHEESAN (SR.) SRI.P.MOHANDAS (ERNAKULAM) SRI.S.VIBHEESHANAN SRI.K.SUDHINKUMAR SRI.S.K.ADHITHYAN SRI.MUHAMMED IBRAHIM ABDUL SAMAD SRI.SABU PULLAN
RESPONDENTS/STATE,COMPLAINANT & DEFACTO COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.
2. THE SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM,KOCHI-682 031.
3. JOSMI, SALES GIRL, DE FAB, MANORAMA JUNCTION, ERNAKULAM, KOCHI-682 036.
R2 BY ADV. SRI.M.R.JAYAPRASAD R1 & R2 BY PUBLIC PROSECUTOR SMT. V. SREEJA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
MSP
Crl.MC.No. 2568 of 2018
APPENDIX
PETITIONER(S)' EXHIBITS:
ANNEXURE I: CERTIFIED COPY OF THE F.I.R IN CRIME NO.1621/2016 TOWN SOUTH POLICE STATION, ERNAKULAM PENDING BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE'S COURT (E.O.), ERNAKULAM.
ANNEXURE II: TRUE COPY OF THE MEMORANDUM OF SETTLEMENT ARRIVED AT BETWEEN THE PETITIONERS AND THE DEFACTO COMPLAINANT IN BAIL NO.7489/2017 DATED 02/02/2018.
ANNEXURE III: TRUE COPY OF THE ORDER DATED 08/02/2018 IN BAIL APPL.NO.7489/2017.
RESPONDENTS EXHIBITS:
NIL
//TRUE COPY//
P.A. TO JUDGE
MSP
SUNIL THOMAS, J.
================================
Crl.M.C.No. 2568 of 2018
================================
Dated this the 22nd day of June, 2018
ORDER
The petitioner herein is the sole accused in Crime No.1621/2016 of Town South Police station, Ernakulam for offences punishable under Section 354 I.P.C.
was returning from her place of employment, she has abused by the petitioner herein. She laid a complaint and crime was registered. The investigation is progressing.
that petitioner has settled the dispute to the satisfaction of the defacto-complainant. To support it, an affidavit affirmed by
the second respondent was relied on by the learned counsel for the petitioner.
Crl.M.C.No. 2568 of 2018
2
recorded, since she is stated to be residing far away However, the learned counsel for the petitioner and the learned counsel for the respondent submitted that, section 164 of Cr.P.C statement of victim was recorded wherein she has affirmed that she was not interested in pursuing the matter.
Crl.M.C is accordingly allowed. All further proceedings
in Crime No. 1621/2016 of Town South Police Station, Ernakulam stand quashed.
SUNIL THOMAS, JUDGE
Sd/-
ACM
Crl.M.C.No. 2568 of 2018
3
1 issue framed by the court
Whether criminal proceedings can be quashed under Section 482 Cr.P.C. upon settlement and victim's lack of interest in pursuing the matter.
1 provisions across 1 enactments
Balachandran
State of Kerala
Sub Inspector of Police
Josmi
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
