This Criminal Miscellancous Order allowed a petition by an accused to quash criminal proceedings under IPC Section 354, finding that the underlying dispute had been amicably settled and involved no public interest.
Criminal proceedings in Crime No. 25 of 2019 of Arecode Police Station 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 V.G.ARUN
FRIDAY, THE 03RD DAY OF MAY 2019 / 13TH VAISAKHA, 1941
Crl.MC.No. 1332 of 2019
CRIME NO. 25/2019 OF AREACODE POLICE STATION , MALAPPURAM
PETITIONER/ACCUSED:
DR.GOPINATH, AGED 55 YEARS, S/O.APPUKUTTY VAIDYAR, MUKKOM ROAD, ARECODE P.O., PIN-673639, MALAPPURAM, DISTRICT.
BY ADV. SRI.P.SAMSUDIN
RESPONDENTS/STATE AND DE FACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM-682031.
2 HARITHA SANKAR, AGED 21 YEARS, D/O.SANKARANKUTTY, POOVATHIKANDI HOUSE, VALILLAPUZHA P.O., ARECODE, ERNAD TALUK, MALAPPURAM DISTRICT, PIN673639.
BY ADV. SRI.BINU V V VEETTIL VALAPPIL
OTHER PRESENT:
PRIYA SHANAVAS KHAN PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No. 1332 of 2019
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O R D E R
The petitioner is the accused in Crime No.25 of 2019
of Arecode Police Station registered for the offences under Sections 354(1)(i) and(iv) of IPC. The second respondent herein is the de facto complainant. This Crl.M.C is filed seeking to quash the proceedings in Crime No.25 of 2019 on the ground that the issue leading to the registration of the crime has been amicably settled between the petitioner and the second respondent.
and voluntary, I am satisfied that the matter has been amicably settled and that no public interest is involved in this
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matter. Hence, there is no impediment in granting the relief sought.
In the result, this Crl.M.C is allowed. The proceedings in Crime No.25 of 2019 of Arecode Police Station is quashed.
Sd/-
V.G.ARUN
JUDGE
DST
Crl.M.C.No. 1332 of 2019
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APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE-A1 TRUE COPY OF THE FIR IN CRIME NO. 25/2019 OF ARECODE POLICE STATION.
ANNEXURE-A2 THE ORIGINAL OF THE AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT DATED 11/2/2019.
1 issue framed by the court
Whether criminal proceedings under IPC Sections 354(1)(i) and (iv) should be quashed upon settlement of the dispute between the petitioner and the de facto complainant.
1 provisions across 1 enactments
DR. GOPINATH
STATE OF KERALA
HARITHA SANKAR
V.G. ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
