High Court allowed a petition under Section 482 Cr.P.C. to quash criminal proceedings against accused persons. The court found that the matter has been settled and there is no impediment for granting the prayer, leading to the quashing of the FIR.
The petition was allowed and the proceedings in Crime No.180 of 2013 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
FRIDAY, THE 27TH DAY OF JULY 2018 / 5TH SRAVANA, 1940
Crl.MC.No. 4395 of 2018
LPC.32/2016 of ADDL. DISTRICT & SESSIONS COURT – I, KASARAGOD CRIME NO.180/2013 OF BEKAL POLICE STATION, KASARGOD
PETITIONER/ACCUSED NI.1 :
ABILASH K.S., AGED 28 YEARS, S/O.KUMARAN, KOPPAL HOUSE, KOPPAL, UDMA VILLAGE, HOUSDURG TALUK.
BY ADV.SRI.A.ARUNKUMAR
RESPONDENTS/STATE/COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682031.
2. MOIDEEN SINAN, AGED 31 YEARS, S/O.YUSUFF, R/AT KAPPIL HOUSE, UDMA PADINHAR, UDMA VILLAGE, HOSDURG TALUK-671315.
R1 BY PUBLIC PROSECUTOR R2 BY ADV. SRI.VIPIN T JOSE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27-07-2018, ALONG WITH CRL.MC.4396/2018 AND CRL.MC.4701/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
EL
Crl.MC.No. 4395 of 2018
APPENDIX
PETITIONER(S)' ANNEXURES
ANNEXURE A1 A TRUE COPY OF THE F.I.R IN CRIME NO.180 OF 2013 OF BEKAL POLICE STATION. ANNEXURE A2 A TRUE COPY OF THE FINAL REPORT IN CRIME NO.180 OF 2013 OF BEKAL POLICE STATION. ANNEXURE A3 A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT.
RESPONDENT(S)' ANNEXURE
NIL
TRUE COPY P.S. TO JUDGE
EL
1.8.2018
K.ABRAHAM MATHEW J.
Crl.M.C. Nos.4395, 4396 & 4701 of 2018
Dated this the 27th day of July, 2018
ORDER
Petition filed under Section 482 Cr.P.C.
Crl.M.C. NOS.4395, 4396 & 4701 of 2018 2
entered appearance through counsel. I am satisfied that the matter has been settled and there is no impediment for granting the prayer of the petitioners.
In the result, this Crl.M.C is allowed. The proceedings in Crime No.180 of 2013 of Bekal Police Station are quashed. If any material objects have been produced in this case, the court concerned may pass appropriate orders for their disposal.
Sd/-
K.ABRAHAM MATHEW JUDGE
pm
2 issues framed by the court
Whether to quash criminal proceedings against the accused following a settlement.
Whether the High Court can exercise inherent powers under Section 482 Cr.P.C. to quash FIRs.
1 provisions across 1 enactments
ABILASH K.S.
STATE OF KERALA
MOIDEEN SINAN
K.ABRAMAH MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
