The Court quashed the FIR and chargesheet in a criminal case under Sec.354A IPC. The parties had settled the dispute, and the complainant affirmed no objection to the quashment in court.
The impugned FIR, chargesheet in C.C.No.865/2017, and all further proceedings pending against the accused 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 ALEXANDER THOMAS
THURSDAY, THE 07TH DAY OF NOVEMBER 2019 / 16TH KARTHIKA, 1941
Crl.MC.No.3510 OF 2019(G)
AGAINST THE ORDER/JUDGMENT IN CC 865/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, OTTAPPALAM
CRIME NO.292/2016 OF RAILWAY POLICE STATION, SHORNUR , Palakkad
PETITIONER/S:
K.SANKARAN PILLAI, AGED 77 YEARS S/O LATE RAMAN PILLAI, ANIYANVEEDUPARAMBA, NADAKKAVU, NEAR 6TH RAILWAY GATE, KOZHIKODE.
BY ADVS. SRI.RAJESH SIVARAMANKUTTY SRI.R.S.SARAT
RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 AHANA K.K., AGED 19 YEARS D/O PADMANABHAN, PADMARAGAM HOUSE, CHENOLI P.O., PERAMBRA, KOZHIKODE-673525.
R2 BY ADV. SRI.K.V.ANTONY
OTHER PRESENT:
SRI.SANTHOSH PETER, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No.3510 OF 2019(G)
ALEXANDER THOMAS, J .
Crl.M.C.No.3510 Of 2019
Dated this the 7th day of November, 2019.
O R D E R
The petitioner herein is the sole accused in the impugned Anx-B FIR in Crime No.292/2016 of Railway Police Station, Shornur, Palakkad district, registered for offences punishable under Sec.354A(1) of the I.P.C, on the basis of the complaint of the 2nd respondent, which has led to the institution of Anx-C Final Report/Charges sheet in C.C.No.865/2017 on the file of the Judicial First Class Magistrate Court, Ottappalam. It is stated that now the entire disputes between the petitioner and the 2nd respondent-de facto complainant have been settled amicably and that the 2nd respondent has sworn to affidavit dated 25.10.2019 before this Court, wherein it is stated that she has settled the entire disputes with the petitioner and that she has no objection for quashment of the impugned criminal proceedings pending against the petitioner. It is in the light of these aspects that the petitioner has preferred the instant Crl.M.C. with the prayer to quash the impugned criminal proceedings against him.
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Crl.MC.No.3510 OF 2019(G)
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Crl.MC.No.3510 OF 2019(G)
The petitioner will produce certified copies of this order before the investigating officer concerned and the competent court below concerned for necessary information. The office of the Advocate General will forward copy of this order to the investigating officer concerned for information.
With these observations and directions, the above Criminal Miscellaneous Case stands finally disposed of.
Sd/ALEXANDER THOMAS, Judge.
bkn/-
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Crl.MC.No.3510 OF 2019(G)
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A CERTIFIED COPY OF THE COMPLAINT DATED 3.8.2016 MADE BY THE 2ND RESPONDENT BEFORE THE SUB INSPECTOR OF POLICE, THRISSUR.
ANNEXURE B CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.292/2016 DATED 3.8.2016 OF RRS POLICE STATION, SHORNUR.
ANNEXURE C CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.865/2017 ARISING FROM CRIME NO.292/2016 DATED 3.8.2016 PENDING BEFORE JUDICIAL FIRST CLASS MAGISTRATE, OTTAPALAM.
ANNEXURE D TRUE COPY OF THE CERTIFICATE ISSUED BY BHARAT HEAVY ELECTRICALS LTD. TO THE PETITIONER.
2 issues framed by the court
Whether the criminal proceedings under Sec.354A(1) IPC should be quashed given the settlement between the parties.
Whether the principles in Gian Singh and Narinder Singh apply to this case of settlement.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabApplied¶2
_Gian Singh_ v._ _State of Punjab_ reported in 2013 (1) SCC (Cri) 160 · Who else cites this
Narinder Singh and others v. State of Punjab and anrApplied¶2
_Narinder Singh and others v. State of Punjab and anr_ . reported in (2014) 6 SCC 466 · Who else cites this
2 provisions across 2 enactments
K.Sankaran Pillai
The State of Kerala
Ahana K.K.
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
