In a criminal miscellaneous petition, the High Court of Kerala quashed proceedings against the petitioner for trespass, harassment, and assault after verifying the settlement and non-objection of the complainant under Section 482 Cr.P.C.
All further proceedings in CC.No.1052 of 2018 against the petitioner 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 SUNIL THOMAS
THURSDAY,THE 01ST DAY OF NOVEMBER 2018 / 10TH KARTHIKA, 1940
Crl.MC.No. 6737 of 2018
PENDING AS CC 1052/2018 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II,NEDUMANGAD
CRIME NO. 261/2018 OF NEDUMANGAD POLICE STATION , THIRUVANANTHAPURAM
PETITIONER/ACCUSED:
RAJEEV, AGED 33 YEARS S/O NATARAJAN, BADEL HOUSE, PANAYACHERI, ANADU VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.P.ANOOP (MULAVANA)
RESPONDENT/STATE, DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -682 031.
2 SUDHI SOUNDARYA AGED 20 YEARS, D/O.SAHAYI MARY, KALLUMPETTI, PEROOR TALUK, MADHURA DISTRICT, TAMIL NADU NOW RESIDING AT ANADU VILLAGE, THIRUVANANTHAPURAM DISTRICT-695001.
R2 BY ADV. SRI.A.CHANDRA BABU R1 BY PUBLIC PROSECUTOR SRI.T.R.RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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O R D E R
It was alleged that on 4.2.2018, the petitioner herein trespassed into the house of the defacto complainant pulled her inside the house and touched the chest of the defacto complainant. FIS was laid, pursuant to which, Crime No.261/2018 of Nedumangadu Police Station was registered. After investigation, final report was laid and the matter is now pending as CC.No.1052 of 2018 of the Judicial First Class Magistrate Court-II, Nedumangadu for offences punishable under sections 452, 354 and 341 of the Indian Penal Code.
2. Claiming that the petitioner herein has been falsely implicated and that he has now resolved the dispute with the defacto complainant, the petitioner has sought to quash
the proceedings. The petitioner essentially relied on Annexure-A2 affidavit, purported to be
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signed by the defacto complainant. The learned
counsel for the second respondent duly acknowledged the execution of the above affidavit. It was submitted that the defacto complainant has no objection in quashing the proceedings. The learned Public Prosecutor on instructions submitted that the parties have settled their dispute. The statement of the defacto complainant has also been recorded. The petitioner herein is not involved in any other crime. Having considered this, I am inclined to invoke the jurisdiction under section 482 Cr.P.C to quash the criminal proceedings.
Crl.M.C is allowed. All further proceedings in CC.No.1052 of 2018 of the Judicial First Class Magistrate Court-II, Nedumangadu, arising from Crime No.261 of 2018 of Nedumangadu Police Station as against the petitioner herein stands quashed.
Sd/- SUNIL THOMAS, JUDGE
R.AV
//True Copy// PA to Judge
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE FINAL REPORT IN CC.1052/2018 OF THE JFMC-II, NEDUMANGAD.
ANNEXURE A2 TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT.
RESPONDENT'S/S EXHIBITS NIL
1 issue framed by the court
Whether criminal proceedings under sections 452, 354 and 341 of IPC should be quashed under section 482 Cr.P.C. upon settlement and non-objection of the complainant.
1 provisions across 1 enactments
RAJEEV
STATE OF KERALA
SUDHI SOUNDARYA
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
