In a criminal miscellaneous petition under Section 482 Cr.P.C., the High Court quashed the trial proceeding of the first petitioner solely on the finding of settlement and absence of public interest.
Quashing of proceedings in CC No. 854 of 2018 so far as the first petitioner is concerned.
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
WEDNESDAY,THE 05TH DAY OF SEPTEMBER 2018 / 14TH BHADRA, 1940
Crl.MC.No. 4491 of 2018
LPC 15/2017 of C.J.M.,THALASSERY
CRIME NO. 626/2014 OF KOLAVALLUR POLICE STATION, KANNUR
PETITIONER/S:
BY ADV. SRI. P.E. SAJAL
RESPONDENT/S:
Crl.MC.No. 4491 of 2018
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4 ISMAIL, AGED 25 YEARS, S/O.ABDUL KADAR, CHAKKILANDAYIL HOUSE, PERINGATHHOOR P.O., THALASSERY, KANNOOR DISTRICT-676 519.
BY ADV. SRI.E.ADITHYAN
OTHER PRESENT:
SRI. ALEX M. THOMBRA - SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.09.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O R D E R
Petition filed under Section 482 Cr.P.C.
2. Petitioners were accused in CC No. 83 of 2018 on the
file of the Chief Judicial Magistrate Court, Thalassery. They along with some unknown persons allegedly committed the offences 143, 147, 148, 308, 323, 324 & 341 r/w Section 149 of the Indian Penal Code. As they were absconding, their case was removed to the Register of Long Pending Cases. Respondents 2 to 4 are the victims. It is submitted that the matter has been settled and the proceedings in the trial court may be quashed.
3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
Crl.MC.No. 4491 of 2018
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4. Petitioners were directed to surrender before the court below and deposit the amount covered by the bond executed by them when they were released on bail. Only the first petitioner has complied with the direction. Now, his case has been pending as CC No. 854 of 2018. The second petitioner is abroad.
5. I have perused the affidavits filed by respondents 2 to 4. I am satisfied that the matter has been settled and no public interest is involved. So, the proceedings will be quashed so far as the first petitioner is concerned.
In the result, this Crl.M.C. is allowed. The proceedings in CC No. 854 of 2018 on the file of the Chief Judicial Magistrate Court, Thalassery are quashed so far as the first petitioner is concerned.
Sd/-
K.ABRAHAM MATHEW
JUDGE
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Crl.MC.No. 4491 of 2018
APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE A1 | A TRUE COPY OF THE NO.626/2014 OF THE STATION |
FIR IN CRIME KOLAVALLOOR POLICE |
|---|---|---|
| ANNEXURE A2 | A TRUE COPY OF THE CRIME NO. 626/2014 |
FINAL REPORT IN |
| ANNEXURE A3 | A TRUE COPY OF THE THE 2ND RESPONDENT |
AFFIDAVITS SWORN BY |
| ANNEXURE A4 | A TRUE COPY OF THE THE 3RD RESPONDENT |
AFFIDAVIT SWORN BY |
| ANNEXURE A5 | A TRUE COPY OF THE THE 4TH RESPONDENT |
AFFIDAVIT SWORN BY |
Bka/07.09.2018
1 issue framed by the court
Whether proceedings in CC No. 854 of 2018 may be quashed under Section 482 Cr.P.C. on settlement and absence of public interest.
1 provisions across 1 enactments
Najjaf C.K
Abdul Samad
State Of Kerala
Yunaif
Mujeeb C.M.
Ismail
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
