Court quashed criminal proceedings under Section 482 Cr.P.C. as the petitioner resolved the dispute with the complainant via affidavit, parties expressed no grievance, and petitioner lacked antecedents.
Criminal proceedings in Crime No. 1135 of 2017 stood quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 23RD DAY OF JULY 2018 / 1ST SRAVANA, 1940
Crl.MC.No. 2758 of 2018
CRIME NO. 1135/2017 OF ADIMALY POLICE STATION, IDUKKI
PETITIONER(S)/ACCUSED
ANIL KUMAR S/O. SASIKUMARAN NAIR, AGED 55 YEARS, PUTHENPURAYIL HOUSE, 200 ACRE KARA, MANNAMKANDAM VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT.
BY ADV.SRI.LATHEESH SEBASTIAN
RESPONDENT(S)/STATE, COMPLIANANT & VICTIM.:
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. STATION HOUSE OFFICER,
3. SAPHIYA MANI,
MANNAMKANDAM VILLAGE, DEVIKULAM TALUK PIN 685 561.
R3 BY ADV. SRI.R.ARUN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2758 of 2018 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.1135/2017 OF ADIMALY POLICE STATION.
ANNEXURE A2 COPY OF THE AFFIDAVIT OF THE 3RD RESPONDENT.
RESPONDENT'S EXHIBITS: NIL ----------------------
TRUE COPY
PA TO JUDGE
Scl.
SUNIL THOMAS, J.
Crl.M.C. No.2758 of 2018
Dated this the 23rd day of July, 2018
ORDER
The petitioner herein allegedly hit on the body of the de facto complainant on 29.10.2017 at 1 p.m. and abused her. She laid a complaint, which was registered as Crime No.1135 of 2017 by the Adimali Police.
the parties have resolved their dispute. I am satisfied that the parties have voluntarily settled their dispute. There is nothing on record to show that the petitioner herein has any criminal
Crl.M.C. No.2758 of 2018
-2-
antecedents. Having considered this, I am inclined to invoke the jurisdiction under Section 482 of Cr.P.C and to quash the criminal proceedings.
In the result, Crl.M.C. is allowed. All further proceedings in Crime No.1135 of 2017 of the Adimali Police Station stands quashed.
Sd/SUNIL THOMAS JUDGE
Scl/23.07.2018
3 issues framed by the court
Whether criminal proceedings under Section 482 Cr.P.C. regarding alleged abuse and hitting should be quashed.
Whether the dispute has been voluntarily settled by the parties.
Whether the petitioner has antecedents that preclude quashing of the proceedings.
Anil Kumar
State of Kerala
S.S.H.O. Adimaly Police Station
Saphiya Mani
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
