The High Court allowed a Criminal Miscellaneous petition and quashed criminal proceeding under Sections 447, 427 IPC. The court held the dispute was private and settled, with no public importance, invoking Section 482 Cr.P.C.
Crl.M.C. No. 4150 of 2018 allowed; proceedings in C.C. No. 3121 of 2015 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 SUNIL THOMAS
WEDNESDAY, THE 25TH DAY OF JULY 2018 / 3RD SRAVANA, 1940
Crl.MC.No. 4150 of 2018
AGAINST THE ORDER/JUDGMENT IN CC 3121/2015 of J.M.F.C.,THALASSERY CRIME NO. 206/2015 OF DHARMADAM POLICE STATION , KANNUR
PETITIONERS/ACCUSED NOS.1 & 2:
1. USHA SAJEEV AGED 51 YEARS W/O.SAJEEV, KARUNA PALAYAD P O, THALASSERY TALUK KANNUR DISTRICT
2. KANAKARAJAN P AGED 52 YEARS S/O.DAMU, KALATHIL HOUSE ANDALURE, P O PALAYAD KANNUR DISTRICT
BY ADVS.SRI.ZUBAIR PULIKKOOL SRI.P.S.BINU SRI.B.MUHAMMED SHAHEEL
RESPONDENT(S):
1. SREENATH M.T. AGED 25 YEARS S/O.SUGITHA M T, THANKALAYAM CHIRAKUNI, P O PALAYAD KANNUR DISTRICT-670 661
2. STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 682031
R BY PUBLIC PROSECUTOR:SRI T R RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4150 of 2018
APPENDIX
PETITIONERS EXHIBITS:
ANNEXURE I : COPY OF THE FIR AND POLICE CHARGE IN CRIME NO.206/15 OF DHARMADAM POLICE STATION
ANNEXURE II : THE COPY OF DEATH CERTIFICATE ISSUED FROM KOZHIKODE CORPORATION DTD 15.06.2018
ANNEXURE III : SWORN AFFIDAVIT OF 1st RESPONDENT
RESPONDENTS EXHIBITS:NIL
True Copy / P A to Judge
SUNIL THOMAS, J.
=================
Crl.M.C.No.4150 of 2018
=================
Dated this the 25th day of July, 2018
ORDER
Petitioners herein allegedly trespassed into the house of the defacto complainant on 28.02.2015 and demolished the boundary wall. When the defacto complainant and her physically challenged son reached the spot, petitioners are stated to have wrongfully confined them and assaulted them. Complaint was laid, pursuant to which, crime was registered as Crime No.206 of 2015 of Dharmadam Police Station for offences punishable under sections 447, 427 and 109 r/w 34 of the Indian Penal Code. After investigation, final report was filed and the matter is now pending as C.C.No.3121 of 2015 of the Judicial First Class Magistrate Court, Thalassery.
Crl.M.C.4150/18
2
In the result, Crl.M.C is allowed. All further proceedings arising from Crime No.206 of 2015 of Dharmadam Police Station in C.C.No.3121 of 2015 of the Judicial First Class Magistrate Court, Thalassery will stand quashed.
Sd/-
SUNIL THOMAS Judge
Sbna/25/7/18
True Copy / P A to Judge
2 issues framed by the court
Whether criminal proceedings under Sections 447, 427 and 109 r/w 34 IPC for trespass and demolition of boundary wall should be quashed on settlement.
Whether the dispute between the parties is essentially a private dispute and does not involve larger questions of public importance.
1 provisions across 1 enactments
USHA SAJEEV
KANAKARAJAN P
SREENATH M.T.
STATE OF KERALA
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
