The High Court quashed criminal proceedings instituted against the petitioner for offences under Sections 143, 147, 148, 323, and 324 r/w Section 149 IPC, holding that the matter was settled with victims and no public interest was involved.
Quashing of the proceedings in C.C. No.268 of 2017 and direction to dispose of any material objects produced
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
WEDNESDAY,THE 16TH DAY OF JANUARY 2019 / 26TH POUSHA, 1940
Crl.MC.No. 139 of 2019
AGAINST CC 268/2017 of J.M.F.C., KAYAMKULAM
CRIME NO. 2092/2013 OF Kayamkulam Police Station , Alappuzha
PETITIONER/ACCUSED:
ANAS, AGED 27 YEARS, S/O ABDUL SALAM, NAMBALASSERY PUTHENVEEDU, MALAMEL BHAGOM MURI, KEERIKKAD VILLAGE, ALAPPUZHA DISTRICT-690502.
BY ADVS. SRI.S.SHANAVAS KHAN SMT.S.INDU
RESPONDENTS/STATE/COMPLAINANT/INJURED:
2 AKHIL RAJ, AGED 25 YEARS, S/O ANANDARAJAN, AKHILRAJ BHAVAN, KEERIKKAD THEKKUM MURI, KEERIKKAD VILLAGE, ALAPPUZHA DISTRICT-690502.
Crl.M.C. 139/19
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3 ANANDAKRISHNAN, AGED 25 YEARS, S/O MADHU, THOTTUMUNAMBIL VEEDU, CHIRAKKADAVAM MURI, KAYAMKULAM VILLAGE, ALAPPUZHA DISTRICT-690572.
4 MUHAMMAD SHAN, AGED 24 YEARS, S/O ABDUL SALAM, KIZHAKKADATH VEEDU, KOZHIKODE MEKKUM MURI, AYANIVELIKKULANGARA VILLAGE, KARUNAGAPPALLY, KOLLAM DISTRICT-690544.
5 SIBI DEV, AGED 24 YEARS, S/O SAHADEVAN, ELAVINAL KUTTIYIL VEEDU, MAINAGAPPALLY VILLAGE, KUNNATHUR TALUK, KOLLAM DISTRICT-690540.
BY ADV. SRI.R.RAJESH
SRI. ALEX M. THOMBRA, SR. PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. 139/19
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ORDER
Petition filed under Section 482 Cr.P.C.
2 to 5 and the learned Public Prosecutor.
In the result, this Crl.M.C is allowed. The proceedings in C.C. No.268 of 2017 on the file of the Judicial Magistrate of First Class, Kayamkulam are quashed. If any material objects have been produced in this case, the trial court may pass appropriate orders for their disposal.
Sd/-
K.ABRAHAM MATHEW, JUDGE
vps
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Crl.M.C. 139/19
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A CERTIFIED COPY OF THE FIR IN CRIME NO.2092/2013 OF KAYAMKULAM POLICE STATION ANNEXURE B CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO.2092/2013 OF KAYAMKULAM POLICE STATION ANNEXURE C TRUE COPY OF THE JUDGMENT DATED 28.2.2016 IN CC.1180/2014 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KAYAMKULAM ANNEXURE D TRUE COPY OF THE JUDGMENT DATED 31.8.2017 IN CRL.MC.5623/2017 OF THIS HON'BLE COURT
RESPONDENT'S/S' EXHIBITS:
NIL
/True Copy/
vps PS to Judge
2 issues framed by the court
Whether the criminal proceedings under Sections 143, 147 and 148 IPC can be quashed due to settlement and lack of public interest?
Whether the trial court proceedings in C.C. No.268/2017 require quashing?
2 provisions across 2 enactments
ANAS
THE STATE OF KERALA
AKHIL RAJ
ANANDAKRISHNAN
MUHAMMAD SHAN
SIBI DEV
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
