Disposed

Premisha v. State of Kerala

Kerala HC16 Jan 2018Crl.MC/68/2018

Case brief

AI extract

What is this about?

The Kerala High Court, in an appeal under Article 226 of the Constitution, upheld the quashing of criminal proceedings in C.C. 500/2017. The court noted an amicable settlement between the accused petitioner and the complainants (defacto complainant and police representatives), concluding that no purpose would be served by continuing the trial, and thus quashed all further proceedings.

What did the court decide?

Allowed the Criminal Miscellaneous Petition and quashed all further proceedings in C.C. 500/2017.

Premisha Vs State of Kerala — Quashing and FIR | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

¶4

TUESDAY, THE 16TH DAY OF JANUARY 2018 / 26TH POUSHA, 1939

¶5

Crl.MC.No. 68 of 2018

¶6

C.C.NO.500/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -II, PALAKKAD DISTRICT

¶7

PETITIONER(S):

¶8

PREMISHA, AGED 31 YEARS, W/O. SANOJ, RESIDING AT KUMMAMKKODE, MUNDUR, PALAKKAD, PIN 678 631.

¶9

BY ADV.SRI.A.T.ANILKUMAR

¶10

RESPONDENT(S):

¶11

1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN 682 031.

¶12

2. THE SUB INSPECTOR OF POLICE, KONGADU POLICE STATION, PALAKKAD DISTRICT, PIN 678 631.

¶13

3. JANITHA, W/O. GANGA, AGED 40 YEARS, KUMMAMKODE HOUSE, MUNDOOR, KONGAD, PALAKKAD, PIN 678 631.

¶14

R1 & R2 BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK

¶15

R3 BY ADV. SMT.V.SHYLAJA

¶16

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶17

Msd.

¶18

Crl.MC.No. 68 of 2018

¶19

APPENDIX

¶20

PETITIONER(S)' ANNEXURES :

¶21

ANNEXURE A FIR IN CRIME NO.188/17 OF KONGADU POLICE STATION. ANNEXURE B FINAL REPORT IN CC 500/2017 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT NO.II, PALAKKAD.

¶22

ANNEXURE C AFFIDAVIT OF THIRD RESPONDENT.

¶23

RESPONDENT(S)' ANNEXURES :

NIL

//TRUE COPY//

P.S.TO JUDGE

Msd.

B. KEMAL PASHA, J.

¶29

................................................................ CRL.M.C. No. 68 of 2018

¶30

............................................................... Dated this the 16^th day of January, 2018

¶31

O R D E R

¶32

Petitioner is the sole accused in C.C.500/2017 of the Judicial First Class Magistrate's Court-II, Palakkad in Crime No.188/2017 of the Kongadu Police Station, registered for the offences punishable under Sections 454 and 380 of the Indian Penal Code.

¶33

It seems that the matter has been amicably settled between the petitioner and the defacto complainant, who is the 3^rd respondent herein.

¶34

The 2^nd respondent has filed Annexure-A3 affidavit affirming that the matter has been amicably settled between him and the petitioner and presently, he has no complaints against the petitioner.

¶35

Considering the fact that the matter has already

¶36

been settled amicably between the parties, this Court is

¶37

CRL.M.C.No. 68 of 2018

¶38

-: 2 :-

¶39

satisfied that no purpose would be served in proceeding with the trial of the case. Matters being so, all further proceedings in C.C.500/2017 of the Judicial First Class Magistrate's Court-II, Palakkad, which has arisen from Crime No.188/2017 of the Kongadu Police Station, are liable to be quashed.

¶40

In the result, this Crl.M.C. is allowed and all further proceedings in C.C.500/2017 of the Judicial First Class Magistrate's Court-II, Palakkad, which has arisen from Crime No.188/2017 of the Kongadu Police Station, are hereby quashed.

¶41

B. KEMAL PASHA, JUDGE.

¶42

ul/-

Premisha v. State of Kerala

Case brief

What is this about?

What did the court decide?

Premisha v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bijukuttan Madhavan Vs State of Kerala

Muhammed Dhakkir Vs Vipin.M

Arun Vs State of Kerala

Francis Vs State of Kerala

Ramesh Kumar Vs State of Kerala

Pradeep Kumar Vs Manoj