Crl. M.C. allowed invoking Section 482 Cr.P.C to quash criminal proceedings in a criminal trial pending against petitioners where parties had amicably resolved the dispute after investigation completion.
Further proceedings in CC.No.2178/2018 arising from Crime No.280/2018 as against petitioners stand 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
FRIDAY, THE 20TH DAY OF JULY 2018 / 29TH ASHADHA, 1940
Crl.MC.No. 4418 of 2018
PENDING AS CC.NO.2178/2018 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, CHENGANNUR
CRIME NO. 280/2018 OF CHENGANNOOR POLICE STATION , ALAPPUZHA
PETITIONER(S)
BY ADV.SRI.K.JAYARAJ
RESPONDENT(S):
1. K.N. VIJAYAMMA
2. THE STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, CHENGANNUR, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4418 of 2018 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE 1 TRUE COPY OF THE FINAL REPORT IN CRIME NO.280/2018 OF CHENGANNUR POLICE STATION.
ANNEXURE 2 A DETAILED AFFIDAVIT OF THE DEFACTO COMPLAIANT 1ST RESPONDENT IN SUPPORT OF THIS CRL M.C.
RESPONDENT(S)' EXHIBITS NIL
R.AV //TRUE COPY//
PA TO JUDGE
SUNIL THOMAS, J.
Crl.M.C.No.4418 of 2018
----------------------------------Dated this the 20th day of July, 2018
O R D E R
The petitioners herein allegedly trespassed into the house of the defacto complainant on 11.2.2016 at
10 a.m., caught hold of hair of the defacto complainant and abused her and her son. Alleging that they committed offences under sections 447, 351, 294(b), 323, 427 and 34 of the Indian Penal Code. FIS was laid, which resulted in the registration of Crime No.280/2018 of Chengannur Police Station. While the investigation was progressing, the parties are stated to have resolved the dispute out of court amicably and peacefully. Stating that the first petitioner, who is the first respondent/defacto complainant is residing with the first respondent/ defacto complainant, Crl.M.C is filed to quash the proceedings. The petitioners are supported by Annexure-2 affidavit, affirmed by the first respondent. The learned Public Prosecutor on instructions
Crl.M.C.No.4418 of 2018
2
submitted that the parties have resolved their dispute. There is nothing on record to show that the petitioners are involved in any other crime. It is submitted by the learned Public Prosecutor that after completion of investigation, the final report was laid. Cognizance was taken and the matter is pending as CC.No.2178/2018 of Judicial First Class Magistrate Court-I, Chengannur. Hence I am inclined to invoke the jurisdiction under section 482 Cr.P.C to quash the criminal proceedings.
Accordingly, Crl.M.C is allowed. All further proceedings in CC.No.2178/2018 of Judicial First Class Magistrate Court-I, Chengannur, arising from Crime No.280/2018 of Chengannur Police Station as against the petitioners herein stand quashed.
Sd/- SUNIL THOMAS, JUDGE
R.AV
//True Copy//
PA to Judge
1 issue framed by the court
Whether to invoke Section 482 Cr.P.C to quash criminal proceedings where parties have amicably resolved the dispute.
1 provisions across 1 enactments
PRASANNACHANDRAN AND ORS.
K.N. VIJAYAMMA
THE STATE OF KERALA
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
