The High Court allowed the Criminal Miscellaneous Petition under Section 482 Cr.P.C. and quashed the proceedings in Crime No. 94/2017 after finding that a settlement had been reached between the accused and the victims.
The criminal proceedings in Crime No. 94/2017 of Padinjarathara Police Station 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
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
WEDNESDAY, THE 18TH DAY OF JULY 2018 / 27TH ASHADHA, 1940
CRIME NO. 94/2017 OF PADINJARETHARA POLICE STATION, WAYANAD
PETITIONER(S)/ACCUSED 1 TO 8
BY ADVS.SRI.V.SHYAM
SMT.ARCHANA MOHAN
RESPONDENT(S)/ STATE & DE-FACTO COMPLAINANTS:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2. IBRAHIM, S/O. AHMMED HAJI, AGED 45 YEARS, PUTHUKKUDI HOUSE, THIRUVALLOR, VADAKARA TALUK, KOZHIKODE DISTRICT, KERALA-673101.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3430 of 2018 ()
PETITIONER(S)' EXHIBITS
| ANNEXURE A1 | THE TRUE COPY OF THE FIR DATED 31.03.2017 IN |
|---|---|
| CR.NO.94/2017 OF PADINJARATHARA POLICE STATION. | |
| ANNEXURE A2 |
THE AFFIDAVIT DATED 28.05.2018 OF THE 2ND RESPONDENT. |
| ANNEXURE A3 | ORIGINAL AFFIDAVIT DATED 12.06.2018 OF THE 3RD RESPONDENT. |
RESPONDENT'(S) EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
bka/-
K. ABRAHAM MATHEW, J.
Crl.M.C. No. 3430 of 2018
Dated this the 18th day of July, 2018
O R D E R
Petition filed under Section 482 Cr.P.C.
2.The petitioners are the accused in Crime No. 94 of 2017
of Padinjarathara Police Station registered for the offences under Sections 143, 147, 294(b), 323, 324, 341
& 506 r/w Section 149 of the Indian Penal Code. Respondents 2 to 3 are the victims. It is submitted that the matter has been settled and the proceedings in the criminal case may be quashed.
4.I have perused the affidavits filed by respondents 2 to 3, who have entered appearance through counsel. I am satisfied that the allegation of settlement is true and no public interest is involved. There is no impediment for granting the prayer of the petitioners.
In the result, this Crl.M.C. is allowed. The proceedings
Crl.M.C. No. 3430 of 2018
..2..
in Crime No. 94 of 2017 of Padinjarathara Police Station are quashed. If any material objects have been produced in the case, the learned magistrate may pass appropriate orders for their disposal.
Sd/- K. ABRAHAM MATHEW JUDGE
bka/18.07.2018
1 issue framed by the court
Whether the criminal proceedings can be quashed upon settlement of the dispute in the facts of a case involving affray and voluntary causing hurt.
1 provisions across 1 enactments
BASHEER K. et al
STATE OF KERALA
IBRAHIM
SHERIF
K. ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
