In Crl.MC.No. 453 of 2018, the High Court of Kerala allowed a petition to quash criminal proceedings arising from an FIR under Section 420 IPC, ruling that further trial is serviceable given the matter has been amicably settled and no criminal antecedents exist.
Crl.MC.No. 453 of 2018 allowed; Final Report and all further proceedings in C.C.No.221 of 2014 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 B.KEMAL PASHA
THURSDAY, THE 1ST DAY OF FEBRUARY 2018 / 12TH MAGHA, 1939
Crl.MC.No. 453 of 2018
CC 221/2014 OF CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM. CRIME NO.2415/2014 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM DISTRICT.
PETITIONER/ACCUSED:
MANOJ @ MANU, AGED 42, S/O.MANI, OTTUPARAMBIL VEEDU, KADUNGAMANGALAM, KUREEKKAD.
BY ADVS.SRI.C.P.UDAYABHANU SRI.THENRAJAN
RESPONDENT(S)/COMPLAINANT:
1. SEBIN MICHAEL, AGED 33, S/O.MICHAEL, KUDILIL VEEDU, MULANTHURUTHY P.O., PIN-682314.
2. SANIL MICHAEL, AGED 29, S/O.MICHAEL, KUDILIL VEEDU, MULANTHURUTHY P.O., PIN-682314.
3. STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, CENTRAL POLICE STATION, (CRIME NO.2415/14), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
R1 & R2 BY ADV. SRI.PAUL K.PETER R3 BY PUBLIC PROSECUTOR SRI.ALEX M. THOMBRA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No. 453 of 2018 ()
APPENDIX
PETITIONERS' ANNEXURES:
| ANNEXURE I | A CERTIFIED COPY OF THE | FINAL REPO | RT PENDING AS |
|---|---|---|---|
| C.C.NO.221/2014 ON THE ERNAKULAM. |
FILE OF | CJM COURT, | |
| ANNEXURE II | A COPY OF THE STATEMENT | MADE BY R1 | BEFORE THE |
| SHO ON 24-10-2014. | |||
| ANNEXURE III & IV- | AFFIDAVITS SWORN BY R1 | & R2. |
RESPONDENTS' ANNEXURES: NIL
/TRUE COPY/
P.S.TO JUDGE
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B.KEMAL PASHA, J.
======================
Crl.M.C.No.453 of 2018
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Dated this the 1st day of February, 2018
O R D E R
Petitioner is the accused in C.C.No.221 of 2014 of the Chief Judicial Magistrate’s Court, Ernakulam, which has arisen from Crime No.2415 of 2014 of the Ernakulam Central Police Station, registered for the offence punishable under Section 420 IPC.
Crl.M.C.No.453 of 2018
2
is satisfied that no purpose would be served in proceeding with the trial of the case. Matters being so, Annexure-I Final Report and all further proceedings in C.C.No.221 of 2014 of the Chief Judicial Magistrate’s Court, Ernakulam, which has arisen from Crime No.2415 of 2014 of the Ernakulam Central Police Station, as against the petitioner, are liable to be quashed.
In the result, this Crl.M.C. is allowed and Annexure-I Final Report and all further proceedings in C.C.No.221 of 2014 of the Chief Judicial Magistrate’s Court, Ernakulam, which has arisen from Crime No.2415 of 2014 of the Ernakulam Central Police Station, as against the petitioner, are hereby quashed.
B.KEMAL PASHA JUDGE
DSV/2/2/18
1 issue framed by the court
Whether criminal proceedings can be quashed in view of an amicable settlement between parties.
Manoj @ Manu
Sebin Michael
Sanil Michael
State of Kerala
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
