This Criminal Miscellaneous Case allowed a petition to quash criminal proceedings under Sections 294(b), 427, and 447 IPC. The court found the alleged settlement between the accused and victim to be genuine, with no involvement of public interest.
Criminal Misc. Case allowed; proceedings in CC No. 139 of 2015 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
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
MONDAY, THE 21ST DAY OF MAY 2018 / 31ST VAISAKHA, 1940
CC. NO.139/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, VADAKARA.
PETITIONERS/ACCUSED NO. 1 TO 3
1 ABDUL HAMEED, S/O KUNHAMMED, AGED 44 YEARS, KUNNUMMEL HOUSE, VELLAD P.O., VILLIAPILLY, KOZHIKODE DISTRICT.
2 MARIYAM, W/O KUNHAMMED, AGED 66 YEARS, KUNNUMMEL HOUSE, VELLAD P.O., VILLIAPILLY, KOZHIKODE DISTRICT.
3 JAMEELA, W/O ABDUL HAMEED, AGED 42 YEARS, KUNNUMMEL HOUSE, VELLAD P.O. VILLIAPILLY, KOZHIKODE DISTRICT.
BY ADV.SRI.V.N.RAMESAN NAMBISAN.
RESPONDENTS/STATE AND COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. ABOOBACKER,
S/O KUNHAMMED, THEKEVEETTIL HOUSE, KADAMERI POST, VADAKARA TALUK, KOZHIKODE DISTRICT, PIN-673 101.
R1 BY SR. PUBLIC PROSECUTOR SRI.C.S. HRITHWIK.
R2 BY ADV. SRI.PHILJO VARUGHESE PHILIPS.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-05-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs. 21/05/2018.
Crl.MC.No. 2714 of 2018 ()
APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE 1 TRUE COPY OF FINAL REPORT DATED 03-03-2012 IN CC.139 OF 2015 ON THE FILE OF THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE, VADAKARA.
ANNEXURE 2 TRUE COPY OF AFFIDAVIT DATED 21-02-2018 SWORN TO BY THE 2ND RESPONDENT.
RESPONDENT'S ANNEXURES: NIL.
//TRUE COPY//
P.S. TO JUDGE
rs. 21/05/2018.
K. ABRAHAM MATHEW, J.
Crl.M.C. No. 2714 of 2018
Dated this the 21st day of May, 2018
O R D E R
Petition filed under Section 482 Cr.P.C.
2.The petitioners are the accused in CC No. 139 of 2015 on the file of the Judicial First Class Magistrate Court, Vadakara registered for the offences under Sections 294(b), 427 & 447 of the Indian Penal Code. The second respondent is the victim. It is submitted that the matter has been settled and the proceedings in the criminal case may be quashed.
Crl.M.C. No. 2714 of 2018
..2..
in CC No. 139 of 2015 on the file of the Judicial First Class Magistrate Court, Vadakara are quashed. If any material objects have been produced in the case, the learned magistrate may pass appropriate orders for their disposal.
Sd/- K. ABRAHAM MATHEW JUDGE
bka/21.05.2018
1 issue framed by the court
Whether the criminal proceedings ought to be quashed given the bona fide settlement between the parties and absence of public interest.
2 provisions across 2 enactments
ABDUL HAMEED
MARIYAM
JAMEELA
STATE OF KERALA
ABOUBACKER
K. ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
