Quashed

Anilkumar v. Shalini

Kerala HC9 Jul 2018Crl.MC/2930/2018

Case brief

AI extract

What is this about?

The Kerala High Court allowed a criminal miscellaneous petition and quash of proceedings ensuing from an FIR alleging assault and outraging modesty where the complainant filed an affidavit stating her desire to settle the matter and cease criminal prosecution.

What did the court decide?

The Criminal Miscellaneous Case was allowed and the Criminal Case No. 820 of 2013 was quashed. No further proceedings.

Anilkumar Vs Shalini — Kerala HC (2018) — LawSathi Research

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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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MONDAY, THE 9TH DAY OF JULY 2018 / 18TH ASHADHA, 1940

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Crl.MC.No. 2930 of 2018

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AGAINST THE ORDER/JUDGMENT IN CC 820/2013 of J.M.F.C.-I,KOTTARAKKARA CRIME NO. 424/2013 OF KOTTARAKKARA POLICE STATION , KOLLAM

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PETITIONER(S)/ACCUSED:

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1 ANILKUMAR,

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AGED 42 YEARS, S/O. MAHESHWARAN NAIR,

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MANGALATH HOUSE, NEDUVATHOOR, KOLLAM.

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2 SREEKUMAR,

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AGED 43 YEARS, S/O. SUKUMARAPILLA, HARI BHAVAN,

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NEDUVATHOOR, KOLLAM.

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BY ADV.SRI.JITHIN VARGHESE

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RESPONDENT(S)/STATE:

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1. SHALINI, AGED 41 YEARS, W/O. AJITH KUMAR, HOUSE NO. 3 AT EDEN GARDEN, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM.

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2. STATE OF KERALA, REPT. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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R1 BY ADV. SRI.SYAM J SAM

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R BY PUBLIC PROSECUTOR:SMT SREEJA V

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-07-2018, COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 2930 of 2018 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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ANNEXURE A1: THE CERTIFIED COPY OF THE CHAGE SHEET IN CC NO.820/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - 1 AT KOTTARAKKARA, KOLLAM DISTRICT.

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ANNEXURE A2: THE AFFIDAVIT SWORN BY THE FIRST RESPONDENT.

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RESPONDENTS EXHIBITS:NIL

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True Copy / P A to Judge

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SUNIL THOMAS, J.

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=================

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Crl.M.C.No.2930 of 2018

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=================

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Dated this the 9^th day of July, 2018

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ORDER

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Petitioners herein allegedly abused the defacto complainant on 03.02.2013 at 5.30p.m. It is alleged that, defacto complainant was also assaulted with the intention of outraging her modesty. She laid an FIS alleging offences punishable under section 323, 354, 294(b) r/w 34 of the Indian Penal Code. After investigation, final report was laid and final report was filed.

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Crl.M.C is laid on a premise that the entire matter is settled and the first respondent/defacto complainant does not propose to pursue the criminal proceedings. Claiming that, she does not want to continue the case, an affidavit has been affirmed and produced along with the Crl.M.C. Learned counsel for the first respondent submitted that, first respondent proposes to give a quietus to the criminal dispute. Available records indicate that the petitioners are not involved in any other crime. Statement of the defacto complainant has also been recorded by the police evidencing the settlement.

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Considering these materials, I feel that, no purpose will be served by prosecuting the petitioners herein, having regard to

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Crl.M.C.2930/18

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the nature of allegations.

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In the result, Crl.M.C is allowed. All further proceedings in C.C.No.820 of 2013 of Judicial First Class Magistrate Court-I, Kottarakkara will stand quashed.

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Sd/-

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SUNIL THOMAS Judge

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Sbna/9/7/18

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True Copy / P A to Judge

Anilkumar v. Shalini

Case brief

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Anilkumar v. Shalini

Case brief

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