The petition to quash criminal proceedings under Sections 294(b), 324, and 308 IPC against the petitioner was allowed. The Court found that a settlement had been reached between the parties, making further prosecution unjust.
The entire proceedings in Crime No. 378/2019 and the attached FIR are hereby 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 MRS. JUSTICE ANNIE JOHN
TUESDAY, THE 11TH DAY OF JUNE 2019 / 21ST JYAISHTA, 1941
Crl.MC.No. 2943 of 2019
CRIME NO. 378/2019 OF MALAYINKEEZH POLICE STATION, THIRUVANANTHAPURAM
PETITIONER/ACCUSED:
MOHANAN,AGED 54 YEARS S/O.NJANAPRAKASH, S.R.BHAVAN, MAMMOOTTUVILA, ANTHIYOORKONAM, KOLLODU P.O. THIRUVANANTHAPURAM - 695 571.
BY ADV. SRI.JELSON J.EDAMPADAM
RESPONDENT/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT BUILDINGS, ERNAKULAM, KOCHI - 31.
2 REJIDAS,S/O.SATHYADAS, AGED 31 YEARS, NOW RESIDING AT R.P.BHAVAN, ANTHYOORKONAM, MALAYINKEEZHU VILLAGE, MALAYINKIL, THIRUVANANTHAPURAM - 695 571.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 11.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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JUDGMENT
The petition is filed to quash the entire proceedings in Crime No.378/2019 of Malayinkil Police Station. The petitioner is the accused and the offences against him are under Sections 294(b), 324 and 308 IPC. According to the prosecution, the petitioner, on 03.04.2019 at 21.30 pm, in front of the house of the defacto complainant under the influence of alcohol, used abusive words and inflicted injuries on the head of the defacto complainant with a chopper and had thus committed the offences under Sections 294(b), 324 and 308 IPC. When the matter was taken up for hearing, the counsel for the petitioner as well as the counsel for the defacto complainant submitted that the matter has been settled between the parties and is evident from Annexure-II. When this matter was reported before this Court there was a direction to the Prosecutor to enquire the matter and report the same. Accordingly, the Prosecutor has reported that the matter has been settled between the parties and the statement of the defacto complainant was recorded with his signature and also submitted before this Court. I have perused the
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statement produced by the Prosecutor, wherein the defacto
complainant has given a signed statement before the police. The defacto complainant also filed an affidavit stating that the petitioner named Sri.Mohanan and himself are close relatives and they have settled the disputes between them and in the above circumstances, there is no meaning in prosecuting the matter. Accordingly, he has filed an affidavit without any influence from any person and he has no objection in quashing Annexure-I FIR in Crime No.378/2019 of Malayinkil Police Station pending before the Judicial First Class Magistrate Court, Kattakada. After hearing the matter between the counsel for the petitioner and the Prosecutor, I find that the entire matter between the parties were settled. Under these circumstances, it is unjust to proceed with this case further. Therefore, I am inclined to allow the prayer to quash the entire proceedings pending against the petitioner under Annexure-I FIR.
In the result, this Crl.M.C. Is allowed. Annexure-I FIR in Crime No.378/2019 of Malayinkil Police Station pending before the Judicial
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First Class Magistrate Court, Kattakada is hereby quashed.
Sd/-
ANNIE JOHN
JUDGE
sd
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE I COPY OF THE FIR NO.0378/2019 OF MALAYINKIL POLICE STATION DATED 04/04/2019. ANNEXURE II ORIGINAL OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT, BEFORE THIS HON'BLE COURT.
sd
Mohan
State of Kerala
Rejidas
Annie John
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
