Allowed

Amod Abed v. State of Kerala

Kerala HC6 Jul 2018Crl.MC/3196/2018

Case brief

AI extract

What is this about?

The court quashed criminal proceedings under Section 377 IPC against a minor/young accused who had settled the dispute with the victim. Finding that no purpose would be served by continuing the proceedings, the court allowed the miscellaneous application.

What did the court decide?

Crl.M.C. allowed; all further proceedings arising from Crime No. 93 of 2008 of Neyyar Dam Police Station quashed.

Amod Abed Vs State of Kerala — Writ and Judicial Review | 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 6TH DAY OF JULY 2018 / 15TH ASHADHA, 1940

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Crl.MC.No. 3196 of 2018

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CRIME NO. 93/2008 OF NEYYARDAM POLICE STATION , THIRUVANANDAPURAM

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PETITIONER(S)

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AMOD ABED, AGED 29 YEARS, S/O. RUDRAK, YAHAVA NISSE, CHEMBOOR, OTTASEKHARAMANGALAM P.O, KATTAKADA TALUK, THIRUVANANTHAPURAM DISTRICT.

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BY ADVS.SRI.BIJU BALAKRISHNAN

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SRI.P.V.JEEVESH

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2. ANJU, D/O. CHANDRIKA, AGED 22 YEARS, KARUMANAM COLONY, VELLARADA VILLAGE, VELLARADA, THIRUVANANTHAPURAM.

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R2 BY ADV. SRI.DINIC J.COYCARA R BY PUBLIC PROSECUTOR:SRI RAMESH CHAND

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 3196 of 2018 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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ANNEXURE A1: CERTIFIED COPY OF FIR IN CRIME NO.93/08 OF NEYYAR DAM POLICE STATION.

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ANNEXURE A2: CERTIFIED COPY OF FINAL REPORT IN CRIME NO.93/2008 OF NEYYEAR DAM POLICE STATION.

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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.3196 of 2018

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

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Dated this the 6^th day of July, 2018

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ORDER

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Petitioner herein is the sole accused in Crime No.93 of 2008 of Neyyar Dam Police Station for offences punishable under 511 of section 377 of the Indian Penal Code.

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The allegation of the prosecution is that, petitioner herein had enticed the second respondent herein and attempted to commit unnatural offence on her. Crime was registered pursuant to the information given. Investigation is progressing. In the meanwhile, parties have settled the dispute. According to the prosecution allegation, both of them were seen in suspicious circumstances. The matter was reported by the locals and crime was registered on an allegation that the petitioner herein was attempting to commit unnatural offence on the victim. Second respondent has affirmed an affidavit stating that, she has no grievance and the allegation as such is not correct. It was stated that the crime was registered with oblique motive. She has expressed her willingness to quash the proceedings and the Crl.M.C can be allowed. Learned Public Prosecutor also submitted that the matter has been settled between the parties.

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Crl.M.C.3196/18

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Having considered the nature of allegations and the settlement now arrived at, I am satisfied that, no purpose will be served by continuing the proceedings.

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In the result, Crl.M.C is allowed. All further proceedings arising from Crime No.93 of 2008 of Neyyar Dam Police Station will stand quashed.

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Sd/-

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SUNIL THOMAS Judge

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Sbna/6/7/18

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True Copy / P A to Judge

Amod Abed v. State of Kerala

Case brief

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Amod Abed v. State of Kerala

Case brief

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