Allowed

Sarath M.S v. Sub Inspector of Police

Kerala HC13 Jul 2018Crl.MC/2857/2018

Case brief

AI extract

What is this about?

The High Court of Kerala has quashed criminal proceedings under Sections 457 and 354 of the IPC in a criminal miscellaneous case filed by an accused against the police and the complainant following a settlement reached between the parties. The single judge invoked inherent powers under Section 482 Cr.P.C. to quash the entire prosecution.

What did the court decide?

The criminal miscellaneous case No. 2857 of 2018 was allowed, and the entire proceedings in C.C.No.1037/2016 were quashed.

Sarath M.S Vs Sub Inspector of Police — Domestic Violence | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SUNIL THOMAS

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FRIDAY, THE 13TH DAY OF JULY 2018 / 22ND ASHADHA, 1940

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Crl.MC.No. 2857 of 2018

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AGAINST THE ORDER/JUDGMENT IN CC 1037/2016 of JUDICIAL FIRST CLASS MAGISTRATE COURT, TRIPUNITHURA CRIME NO. 637/2016 OF UDAYAMPEROOR POLICE STATION, ERNAKULAM

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PETITIONER(S)/1ST ACCUSED

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SARATH M.S S/O SUNDARAN MANI, MALLAYIL PUTHENPURAYIL HOUSE, CHAKKALAKKAL ROAD, UDAYAMPEROOR.P.O., ERNAKULAM - 682 307

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BY ADVS.SRI.SUVIN.R.MENON SRI.SHYAMDEEP S.SHENOY

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RESPONDENT(S)/COMPLAINANT/DEFACTO COMPLAINANT

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1. SUB INSPECTOR OF POLICE UDAYAMPEROOR POLICE STATION, UDAYAMPEROOR JUNCTION, UDAYAMPEROOR.P.O., ERNAKULAM - 682 307

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2. ANJU SHAJI

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VALLASSERY HOUSE, CHAKKALAKKAL ROAD, UDAYAMPEROOR.P.O.

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ERNAKULAM - 682 307.

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R1 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 13-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 2857 of 2018 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A1	A TRUE COPY OF THE FIRST INFORMATION REPORT DATED 8/5/2016 IN CRIME NO. 637 OF 2016 OF UDAYAMPEROOR POLICE STATION
ANNEXURE A2	A TRUE COPY OF THE FINAL REPORT DATED 12/7/2016 IN C.C. 1037 OF 2016 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT, THRIPUNITHURA.
ANNEXURE A3	A TRUE COPY OF THE MEMORANDUM OF SETTLEMENT DATED 3/8/2017 ENTERED IN TO BETWEEN THE PETITIONER AND THE 2ND RESPONDENT.
ANNEXURE A4	A TRUE COPY OF THE AFFIDAVIT DATED 3/8/2017 SWORN BY THE 2ND RESPONDENT.
RESPONDENTS'	EXHIBITS : NIL

/TRUE COPY/

P. A. TO JUDGE

Pn 13/07

SUNIL THOMAS, J.

Crl. M. C. No. 2857 of 2018

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Dated this the 13^th day of July, 2018

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O R D E R

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Petitioner stands arrayed as the accused in C.C.No.1037/2016 of Judicial First Class Magistrate Court, Tripunithura arising from Crime No.637/2016 of Udayamperoor Police Station for offences punishable under Sections 457 and 354 of IPC, on an allegation that he entered into the bed room of the de facto complainant and caught hold of her right leg.

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Pending the proceedings, the parties are stated to have resolved their disputes. Along with the Crl.M.C. a settlement arrived at between the parties has been produced as Annexure A3. To support it, an affidavit of the de facto complainant is produced as Annexure A4. Notice was issued to the 2^nd respondent who has not chosen to appear and contest the proceedings.

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The learned Public Prosecutor on instructions submitted that the parties have resolved their disputes. There is nothing on record to show that the petitioner is involved in any other crime. Having considered these facts, I am inclined to

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Crl. M. C. No. 2857 of 2018

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invoke the jurisdiction under Section 482 Cr.P.C. to quash the entire criminal proceedings.

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Accordingly, Crl.M.C. is allowed. All further proceedings in C.C.No.1037/2016 of Judicial First Class Magistrate Court, Tripunithura stand quashed.

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Sd/-

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SUNIL THOMAS, JUDGE.

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Pn 13/07

Sarath M.S v. Sub Inspector of Police

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Sarath M.S v. Sub Inspector of Police

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