The court allowed a criminal miscellaneous petition seeking quashing of criminal proceedings under Section 482 Cr.P.C. The petitioners accused claimed settlement with the victim. Finding no public interest involved, the court quashed the trial proceedings.
The proceedings in C.C.No.500 of 2017 against the petitioners were 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
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
THURSDAY, THE 15TH DAY OF MARCH 2018 / 24TH PHALGUNA, 1939
Crl.MC.No. 332 of 2018
----------------------CC 500/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVARA CRIME NO. 3769/2016 OF CHAVARA POLICE STATION , KOLLAM ------------
PETITIONER(S)/ACCUSED 1 TO 4
BY ADVS.SRI.SUBHASH CYRIAC
RESPONDENT(S)/STATE AND COMPLAINANT: -----------------------------------
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
2. JOHNY,
VADAKKETHIL, KULANGARA BHAGAM, CHAVARA P.O.,
KOLLAM DISTRICT-691584.
R1 BY PUBLIC PROSECUTOR SRI T.R.RENJITH
K.V.
Crl.MC.No. 332 of 2018 ()
APPENDIX
PETITIONER(S)' ANNEXURES ------------------------ANNNEXURE 1- CERTIFIED COPY OF THE FIR DATED 28/12/2016 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVARA. ANNEXURE 2- CERTIFIED COPY OF THE FINAL REPORT DATED 05/04/17 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVARA.
RESPONDENTS ANNEXURES:
--------------------R2(A) AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT IN THE CRL.MC DATED 18.2.2018. /TRUE COPY/ K.V. P.S.TO JUDGE 16.03.2018
K.ABRAHAM MATHEW J.
Crl.M.C.No.332 of 2018
Dated this the 15th day of March, 2018
ORDER
Petition filed under Section 482 Cr.P.C.
Judicial Magistrate of the First Class, Chavara. They are alleged to have committed the offences under Sections 323, 324, 341, 427 and 452 IPC. The second respondent is the victim. It is submitted that the matter has been settled and the proceedings in the trial court may be quashed.
In the result, this Crl.M.C is allowed. The proceedings in C.C.No.500 of 2017 on the file of the Judicial Magistrate of the First Class, Chavara are quashed. The material objects, if any, produced in the case shall be disposed of by the learned Magistrate.
Sd/- K.ABRAHAM MATHEW JUDGE
cms
/True copy/ P.S.to Judge
1 issue framed by the court
Whether the proceedings in the criminal trial may be quashed upon the petitioners' representation that the matter is settled and no public interest is involved?
1 provisions across 1 enactments
SHAN and others
JOHNY
STATE OF KERALA
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
