The High Court allowed the criminal miscellaneous petition to quash criminal proceedings in C.C.No.704/2015. The court found that the matter between the accused and the victims had been amicably settled, rendering further trial unnecessary.
All further proceedings in C.C.No.704/2015 against petitioners, based on Annexure A2, are 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 B.KEMAL PASHA
THURSDAY, THE 25TH DAY OF JANUARY 2018 / 5TH MAGHA, 1939
Crl.MC.No. 335 of 2018
C.C.NO. 704/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -II, CHERTHALA
CRIME NO. 30/2015 OF MUHAMMA POLICE STATION
PETITIONER(S)/ACCUSED NOS.1-5 :
BY ADVS.SRI.ABDUL JALEEL.A
SMT.M.A.SULFIA
RESPONDENT(S)/DEFACTO COMPLAINANT :
1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 31.
..2/-
..2..
Crl.MC.No. 335 of 2018
2. SUB INSPECTOR OF POLICE,
3. SOMASHEKHARAN NAIR,
4. SHINEJITH,
5. RAJENDRAN,
6. UNNIKRISHNAN NAIR,
R1 & R2 BY PUBLIC PROSECUTOR SRI.ALEX M.THOMBRA R3 TO R6 BY ADV. SMT.P.Y.SHEHEERA
BY ADV. SRI.VIMAL KUMAR.A.V.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
Crl.MC.No. 335 of 2018 ()
APPENDIX
PETITIONER(S)' ANNEXURES :
| ANNEXURE A1 | CERTIFIED C | OPY OF | FIR IN CRIME NO.30/2015. |
|---|---|---|---|
| ANNEXURE A2 |
CERTIFIED C FILES OF JF NO.30/2015 |
OPY OF CM COUR OF THE |
CHARGE IN C.C.NO. 704/2015 ON THE T-II, CHERTHALA IN CRIME MUHAMMA POLICE STATION. |
| ANNEXURE A3 |
AFFIDAVIT COMPLAINANT |
FILED DATED |
BY 3RD RESPONDENT/DEFACTO 30.12.2017. |
| ANNEXURE A4 |
AFFIDAVIT 20.12.2017. |
FILED | BY 4TH RESPONDENT DATED |
| ANNEXURE A5 |
AFFIDAVIT 20.12.2017. |
FILED | BY 5TH RESPONDENT DATED |
| ANNEXURE A6 |
AFFIDAVIT 20.12.2017. |
FILED | BY 6TH RESPONDENT DATED |
RESPONDENT(S)' ANNEXURES :
NIL
//TRUE COPY//
P.S.TO JUDGE
Msd.
B. KEMAL PASHA, J.
................................................................ CRL. M.C. No. 335 of 2018 ............................................................... Dated this the 25th day of January, 2018
O R D E R
Petitioners are accused Nos.1 to 5 in C.C.No.704/2015 of the Judicial First Class Magistrate's Court-II, Cherthala, which has arisen from Crime No.30/2015 of the Muhamma Police Station, for the offences punishable under Sections 153, 323, 427, 452 and 506(i) read with Section 34 of the Indian Penal Code.
CRL.M.C.No. 335 of 2018
-: 2 :-
has been amicably settled between them and the petitioners and they have no complaints against the petitioners. Considering the fact that the matter has already been settled amicably between the parties, this Court is satisfied that no purpose would be served in proceeding with the trial of the case. Matters being so, all further proceedings in C.C.No.704/2015 of the Judicial First Class Magistrate's Court-II, Cherthala, as against the petitioners, based on Annexure A2 in Crime No.30/2015 of the Muhamma Police Station, can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.704/2015 of the Judicial First Class Magistrate's Court-II, Cherthala, as against the petitioners, based on Annexure A2 in Crime No.30/2015 of the Muhamma Police Station, are hereby quashed.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
[True copy]
P.S. to Judge.
1 issue framed by the court
Whether criminal proceedings can be quashed upon settlement of the matter between parties.
1 provisions across 1 enactments
SAJILESH
JAYESH
STALIN
NARAYANA PANICKER
SANIL KUMAR
STATE OF KERALA
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
