Court dismissed a petition seeking quashing of criminal proceedings under Sections 324, 447, and 506 IPC. The court held that without an affidavit from the victim or any representation in court, it could not verify the alleged settlement and therefore could not quash the trial proceedings.
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
WEDNESDAY,THE 12TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940
Crl.MC.No. 2583 of 2014
AGAINST THE ORDER IN CC 627/2011 of J.M.F.C.-III,THRISSUR CRIME NO. 1303/2011 OF Mannuthy Police Station , Thrissur
PETITIONER:
SUDHEESH
S/O.BALAN, PAYAPPILLY HOUSE, KURISUMOOLA DESOM, PUTHUR, THRISSUR DISTRICT.
BY ADVS. SRI.SANTHOSH P.PODUVAL SMT.R.RAJITHA
SRI.K.D.SREEVISAKH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.682 031.
2 JOSE
S/O.BABY, ELUVATHINKAL PADAVAN HOUSE, KUNNATHUMKARA DESOM, OLLUKKARA VILLAGE, THRISSUR DISTRICT.680 655.
BY ADV. SRI.V.BINOY RAM
SENIOR PUBLIC PROSECUTOR SRI. ALEX M. THOMBRA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2583 of 2014
2
ORDER
Petitioner is the accused in C.C.No. 627 of 2011 on the file of the Judicial Magistrate of First Class-III, Thissur. He is alleged to have committed the offences under Sections 324, 447 and 506 IPC. Second respondent is the victim. It is stated in the Crl.M.C that the matter has been settled. The prayer is to quash the proceedings in the trial court. The second respondent has not filed any affidavit, though he has entered appearance through counsel. Today also there is no representation. In the absence of any material before the court it cannot hold that the matter has been settled. Consequently the proceedings in the trial court cannot be quashed.
In the result, this Crl.M.C. is dismissed.
Sd/-
K.ABRAHAM MATHEW
JUDGE
SVP
Crl.MC.No. 2583 of 2014
3
APPENDIX
PETITIONER'S EXHIBITS:
| ANNEXURE P1 | ANNEXURE A- CERT REPORT IN CRIME MANNUTHY POLICE |
IFIED COPY OF FINAL NO.1303/2011 AT STATION. |
|---|---|---|
| ANNEXURE P2 | ANNEXURE B- CERT CRIME NO.1303/20 STATION. |
IFIED COPY OF FIR IN 11 AT MANNUTHY POLICE |
| ANNEXURE P3 | ANNEXURE C- TRUE IN O.P.1619/2011 COURT, THRISSUR. |
COPY OF PETITION FILED ON THE FILES OF FAMILY |
| ANNEXURE P4 | ANNEXURE D- TRUE IN O.P.1619/2011 COURT, THRISSUR. |
COPY OF PETITION FILED ON THE FILES OF FAMILY |
| ANNEXURE P5 | ANNEXURE E- TRUE SETTLEMENT FILED HIS WIFE IN O.P. |
COPY OF JOINT BY 2ND RESPONDENT AND 1619/2011. |
| ANNEXURE P6 | ANNEXURE F- TRUE SETTLEMENT FILED HIS WIFE IN O.P. |
COPY OF JOINT BY 2ND RESPONDENT AND 1691/2011. |
| ANNEXURE P7 | ANNEXURE G- TRUE OP.1619 DATED 11 FAMILY COURT, TH |
COPY OF ORDER IN .4.2012 BEFORE THE RISSUR. |
| ANNEXURE P8 | ANNEXURE H- TRUE NO.1691/12 DATED FAMILY COURT, TH |
COPY OF ORDER 17.5.2012 BEFORE THE RISSUR. |
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY//
Sd/-
PA TO JUDGE
1 issue framed by the court
Whether the criminal proceedings under Sections 324, 447 and 506 IPC can be quashed upon allegations of settlement when the victim has not filed an affidavit and no representation is made in court.
Sudheesh
State of Kerala
Jose
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
