In a quashing petition under Section 482 Cr.P.C., the High Court of Kerala refused to allow the petition because the petitioner was sued for having absconded abroad and failed to surrender or deposit the bond amount as directed.
Liberty granted to approach the court for relief upon surrender and deposit of the bond amount.
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
TUESDAY, THE 18TH DAY OF DECEMBER 2018 / 27TH AGRAHAYANA, 1940
Crl.MC.No. 7559 of 2018
AGAINST THE ORDER/JUDGMENT IN SC 1234/2017 OF ADDL. SESSIONS COURT-III, KOZHIKODE
CRIME NO. 606/2011 OF NADAPURAM POLICE STATION, KOZHIKODE
PETITIONER/S:
AMEER
AGED 27 YEARS S/O ABDULLA, PAREMMAL HOUSE, KUMMANKODE, NADAPURAM P.O., KOZHIKODE DISTRICT- 673 504
BY ADVS.
SRI.C.A.MAJEED SMT.MOLTY MAJEED SRI.K.H.ASIF
RESPONDENT/S:
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Crl.MC.No. 7559 of 2018
3 AJITH S/O MR.KUMARAN, PUTHIYAPARAMBATH HOUSE, PULIYAVU P.O, VATAKARA TALUK, KOZHIKODE DISTRICT-673 509
S/O MR. SANKARAN, KIZHAKKEPARAMBATHU HOUSE, PULIYAVU P.O, VATAKARA TALUK, KOZHIKODE DISTRICT-673 509
BY ADV. SRI.K.J.SHARATH KUMAR
OTHER PRESENT:
SRI ALEX M THOMBARA SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Petition filed under Section 482 Cr.P.C.
Crl.MC.No. 7559 of 2018
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There were more accused in the case. As the
petitioner was absconding, only the others were tried in the original case. The case against the petitioner was split up and it has
been re-filed as SC No. 1234 of 2017.
Respondents 3 to 6 are the victims. The proceedings are sought to be quashed on the ground that the matter has been settled. The allegation against the petitioner and the co-accused is that they committed the offences under Sections 143, 147, 148, 308 & 324 r/w Section 149 of the Indian Penal Code.
Crl.MC.No. 7559 of 2018
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In the result, this Crl.M.C. is dismissed giving liberty to the petitioner to approach this court for the same relief provided he surrenders before the court below and deposits the amount covered by the bond executed by him when he was released on bail earlier.
Sd/-
K.ABRAHAM MATHEW
JUDGE
Bka/18.12.2018
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A PHOTOCOPY OF THE CHARGE SHEET FILED BY THE 2ND RESPONDENT SERVED ON THE PETITIONER FROM J.F.C.M. NADAPURAM.
ANNEXURE B
AFFIDAVIT STATING THAT THE COMPLAINANT/3RD RESPONDENT HAS NO ENMITY BETWEEN THEM AND HE HAS AGREED TO SETTLE THE ISSUED WITH THE PETITIONER.
Crl.MC.No. 7559 of 2018
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ANNEXURE C AFFIDAVIT STATING THAT THE INJURED 4TH RESPONDENT HAS NO ENMITY BETWEEN THEM AND HE HAS AGREED TO SETTLE THE ISSUE WITH THE PETITIONER/ACCUSED. ANNEXURE D AFFIDAVIT STATING THAT THE INJURED 5TH RESPONDENT HAS NO ENMITY BETWEEN THEM AND HE HAS AGREED TO SETTLE THE ISSUE WITH THE PETITIONER/ACCUSED ANNEXURE E AFFIDAVIT STATING THAT THE INJURED 6TH RESPONDENT HAS NO ENMITY BETWEEN THEM AND HE HAS AGREED TO SETTLE THE ISSUE WITH THE PETITIONER/ACCUSED
2 issues framed by the court
Whether a criminal miscellaneous petition seeking quashing of FIR based on settlement can be allowed when the petitioner is absconding abroad.
What relief is available when the petitioner fails to surrender and deposit bond amount despite settlement agreement.
2 provisions across 2 enactments
AMEER
STATE OF KERALA
THE STATION HOUSE OFFICER POLICE STATION, NADAPURAM, KOZHIKODE RURAL
AJITH S/O MR.KUMARAN
ANEESH S/O MR.KUNHIRAMAN
CHANDRAN S/O MR. KUNHIYEKKU
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
