High Court of Kerala allowed a Criminal Misc. case petition filed by accused petitioners seeking quashing of criminal proceedings. The Court was satisfied that the matter was settled and no public interest was involved.
The criminal proceedings in Crime No. 691 of 2017 of Badiaduka Police Station are 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
TUESDAY, THE 10TH DAY OF JULY 2018 / 19TH ASHADHA, 1940
Crl.MC.No. 4429 of 2018
IN CRIME NO. 691/2017 OF BADIADUKKA POLICE STATION , KASARGOD
PETITIONER(S)/ACCUSED 1 & 2 :-
BY ADVS.SRI.T.MADHU SMT.C.R.SARADAMANI
RESPONDENT(S)/STATE & COMPLAINANT :-
1. THE STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, BADIADKA POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.
2. N.M ISMAIL, AGED 66 YEARS, S/O. MAMMUNHI, RESIDING AT MOGRAL NANGI HOUSE, MOGRAL VILLAGE AND POST, KASARAGOD TALUK, KASARAGOD DISTRICT.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4429 of 2018 ()
A P P E N D I X
PETITIONER(S)' ANNEXURES :-
ANNEXURE A1 THE TRUE CERTIFIED COPY OF THE FIR IN CRIME NO. 691/2017 OF BADIADKA POLICE STATION ANNEXURE A2 THE TRUE CERTIFIED COPY OF THE PETITION IN CMP NO. 2280/2017 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT-1 KASARAGOD. ANNEXURE A3 THE AFFIDAVIT DATED 1/5/2018 SWORN IN BY THE 2ND RESPONDENT. RESPONDENT(S)' ANNEXURES :- NIL
//TRUE COPY// PA TO JUDGE
SMA
K.ABRAHAM MATHEW J.
Crl.M.C.No. 4429 of 2018
Dated this the 10th day of July, 2018
O R D E R
Petition filed under section 482 Cr.P.C.
2017 of Badiadka Police Station registered for the offences
under Sections 419, 420, 465 and 471 IPC and section 82 of Registration Act. The 2nd respondent is the victim. It is submitted that the matter has been settled and the proceedings in the trial court may be quashed.
no public interest is involved in this case. There is no impediment for granting the prayer of the petitioners.
In the result, this Crl.M.C is allowed. The
Crl.M.C.No. 4429 of 2018
2
proceedings in Crime No. 691 of 2017 of Badiadka Police
Station are quashed.
Sd/-
K.ABRAHAM MATHEW,
//TRUE COPY//
PA TO JUDGE
SMA
1 issue framed by the court
Whether the criminal proceedings under Sections 419, 420, 465, 471 IPC and Section 82 of Registration Act should be quashed?
1 provisions across 1 enactments
MOIDEENKUNHI
SUHARA
THE STATE OF KERALA
N.M ISMAIL
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
