Petitioners, accused in IPC offenses including 308, sought quashing of FIR claiming settlement. The court found no public interest involved and disparity in financial status, allowing the petition and quashing the proceedings.
Crl.M.C. allowed; proceedings in Crime No. 447 of 2018 are quashed; trial court to dispose of material objects appropriately.
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 26TH DAY OF SEPTEMBER 2018 / 4TH ASWINA, 1940
Crl.MC.No. 4597 of 2018
CRIME NO. 447/2018 OF Narakkal Police Station , Ernakulam
PETITIONER/S:
1 MANEESH AGED 28 YEARS,S/O.MANI, EDAVANAKKAD, NJARAKKAL,ERNAKULAM
*2 ADDITIONAL PETITIONER 2 IMPLEADED :-
SAMRAJ, AGED 28 YEARS, S/O KARTHIKEYANM PALLAYIL HOUSE, EDAVANAKKAD, NJARAKKAL, ERNAKULAM.
*** ADDITIONAL PETITIONER 2 IMPLEADED AS PER ORDER DATED 26.09.2018 IN CRL.A. 2/2018.**
BY ADV. SRI.PAUL VARGHESE
RESPONDENT/STATE & DE-FACTO COMPLAINANT :-
1 KERALA STATE REP. BY PUBLIC PROSECUTOR,HIGH COURT ERNAKULAM
2 SARITH S/O.SANTHOSH,AGED 27 YEARS, OLLIPARAMBIL HOUSE, EDAVANAKKAD, NJARAKKAL, ERNAKULAM.
R2 BY ADV. SRI.THOMAS VARGHESE.K R1 BY SRI. ALEX M THOMBRA, SR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.09.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4597 of 2018
2
O R D E R
Petition filed under section 482 Cr.P.C.
2. Petitioner and the additional 2nd
petitioner are accused in Crime No. 447 of 2018 of Njarakkal Police Station registered for the offences under Sections 294(b), 308, 324, 326 and 506 IPC.
The second respondent is the victim. 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
petitioner and second respondent and the learned
Public Prosecutor.
4. I have perused the affidavit filed by
the second respondent, who has entered appearance through counsel. I am satisfied that the matter has been settled and 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.MC.No. 4597 of 2018
3
proceedings in Crime No. 447 of 2018 of Njarakkal Police Station are quashed. If any material objects have been produced in this case, the trial court may pass appropriate orders for their disposal.
Sd/-
K.ABRAHAM MATHEW, JUDGE
SMA
Crl.MC.No. 4597 of 2018
4
APPENDIX
PETITIONER'S/S ANNEXURES :-
ANNEXURE A1 FIR AND FIS IN CRIME NO.447/18 OF NJARAKKAL POLICE STATION ANNEXURE A2 REPORT FILED BY THE INVESTIGATION OFFICER ANNEXURE A3 AFFIDAVIT SWORN BY THE 2ND RESPONDENT
RESPONDENT(S)' ANNEXURES :- NIL
//TRUE COPY//
PA TO JUDGE
SMA
3 issues framed by the court
Whether the criminal proceedings in Crime No. 447 of 2018 can be quashed under Section 482 Cr.P.C.
Whether the settlement of the case negates public interest in proceeding with the trial.
Whether the matters require trial or can be disposed of at the pre-trial stage.
2 provisions across 2 enactments
MANEESH
SAMRAJ
KERALA STATE
SARITH S/O.SANTHOSH
KAHRABHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
