This court quashed criminal proceedings against petitioners accused under Section 338/34 IPC following personal settlement between parties, exercising inherent powers under Section 482 Cr.P.C.
Quashing of proceedings in C.C. No. 344 of 2017 against petitioners.
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
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
WEDNESDAY, THE 1ST DAY OF AUGUST 2018 / 10TH SRAVANA, 1940
Crl.MC.No. 67 of 2018 CC 344/2017 of J.M.F.C.-I, PERINTHALMANNA
PETITIONER(S)/ACCUSED
1 UNNIKRISHNAN, AGED 50 YEARS, S/O. CHAMU, KALATHUMPADIYIL HOUSE, OTTAPALAM, PALAKKAD.
2 ILLYAS VADAKKAN
AGED 58 YEARS, S/O. ASSAINAR, VADAKKAN HOUSE, KOTTAKKAL.
BY ADVS.SRI.N.M.MADHU
SRI.P.P.HARRIS SMT.C.S.RAJANI
RESPONDENT(S)/STATE:
1. THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. REMYA, AGED 28 YEARS, W/O. SHYJU, KANDAMBATH HOUSE, NADERI P.O, KAVUMVATTAM, KOYILANDY, KOZHIKODE - 673 326.
R2 BY ADV. SRI.JAGAN ABRAHAM M.GEORGE BY PUBLIC PROSECUTOR SRI. E.C. BINEESH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01-08-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 67 of 2018 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT DATED 15.01.2017.
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT DATED
B. SUDHEENDRA KUMAR, J.
Crl.M.C. No. 67 of 2018
Dated this the Ist day of August, 2018
ORDER
The petitioners are the accused in C.C. No. 344 of 2017 on the files of the court below. The offence alleged is the offence under Section 338 read with Section 34 IPC.
In the result, this Crl. M.C. Stands allowed.
Sd/-B. SUDHEENDRA KUMAR, JUDGE .
1 issue framed by the court
Whether the criminal proceedings against the petitioners should be quashed in the interest of justice.
1 provisions across 1 enactments
UNNIKRISHNAN
ILLYAS VADAKKAN
REMYA
B. SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
