Court allowed a petition under Section 482 Cr.P.C. and quashed criminal proceedings against accused in C.C. No. 831/2014 where the matter had been settled and no public interest was involved.
Proceedings in C.C. No. 831 of 2014 on the file of the Chief Judicial Magistrate, Thrissur 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
FRIDAY, THE 27TH DAY OF JULY 2018 / 5TH SRAVANA, 1940
Crl.MC.No. 4040 of 2018
CC 831/2014 OF CHIEF JUDICIAL MAGISTRATE COURT ,THRISSUR
PETITIONER(S)/ACCUSED NOS 1 TO 3
BY ADV.SRI.K.B.GANGESH
RESPONDENT(S)/STATE & LEGAL HEIR OF COMPLAINANT:
1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,-682031.
2. KIRAN, AGED 26 YEARS, S/O. LATE V.S.KRISHNAN, VADAKKUMCHERRY HOUSE, KECHERY.P.O., THRISSUR-680501.
R2 BY ADV. SMT.ATHIRA A.MENON
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PBS
Crl.MC.No. 4040 of 2018 ()
APPENDIX
PETITIONER(S)' ANNEXURES
| ANNEXURE |
A1. |
TRUE COPY OF THE CMP NO. 7871/2013 FILED BY THE DEFACTO COMPLAINANT BEFORE THE CHIEF JUDICIAL MUSTARD COURT, THRISSUR. |
|---|---|---|
| ANNEXURE |
A2. |
TRUE COPY OF THE FIR IN CRIME NO. 238=79/2013 OF TRICHUR TOWN EAST POLICE STATION. |
| ANNEXURE |
A3. |
CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 2379/2014 OF THRISSUR EAST POLICE STATION. |
| ANNEXURE |
A4 |
TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN CRL. MC NO. 4991/2015 DATED 25-2-2016. |
| ANNEXURE |
A5 |
TRUE COPY OF THE COMPROMISE AGREEMENT ENTERED BETWEEN THE 1ST PETITIONER COMPANY AND THE LEGAL HEIRS OF KRISHNAN. |
| ANNEXURE |
A6. |
AFFIDAVIT DATED 09-03-2018 SWORN IN BY THE 2ND RESPONDENT HEREIN. |
| ANNEXURE | A7 |
AFFIDAVIT DATED 11.07.2018 SWORN IN BY SMT. SULOCHANA, W/O. LATE V.S. KRISHNAN. |
| RESPONDEN | **T'S ** | ANNEXURES NIL |
/TRUE COPY/
PS TO JUDGE
PBS 31/7/2018
K.ABRAHAM MATHEW J.
Crl.M.C. No. 4040 of 2018
Dated this the 27th day of July, 2018
ORDER
Petition filed under Section 482 Cr.P.C.
Crl.M.C. 4040 /18
-:2:-
prayer of the petitioners.
In the result, this Crl.M.C is allowed. The proceedings in C.C. No.831 of 2014 on the file of the Chief Judicial Magistrate, Thrissur are quashed. If any material objects have been produced in this case, the trial court may pass appropriate orders for their disposal.
Sd/-
K.ABRAHAM MATHEW JUDGE
vps 28/7
/True Copy/
PS to Judge
2 issues framed by the court
Whether the proceedings in a criminal trial case are to be quashed subsequent to settlement of matter between the accused and the victim.
Whether quashing of criminal proceedings would serve no public interest given that the dispute has been settled.
2 provisions across 2 enactments
Defender Real Estate and Builders Limited represented by Johny Kottoor
Tony
Johny Kottoor
State of Kerala
Kiran
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
