The High Court of Kerala quashed criminal proceedings under sections 294(b) and 394 IPC against petitioners. The court accepted the settlement affidavit from the victim and found no public interest involved, thus allowing the petition for quashing.
The criminal proceedings in CC No. 2700 of 2013 against the petitioners were quashed by this Court.
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 15TH DAY OF JANUARY 2019 / 25TH POUSHA, 1940
Crl.MC.No. 75 of 2019
CC 2700/2013 OF ADDITIONAL C.J.M., THIRUVANANTHAPURAM
CRIME NO. 1070/2013 OF PETTA POLICE STATION , THIRUVANANTHAPURAM
PETITIONER/S:
1 SHYAM.M.S., AGED 31 YEARS
S/O.MADHUSOODANAN NAIR, T.C.29/235(3), THENGAPURA LANE, PETTAH P.O., THIRUVANANTHAPURAM.
2 SUJITH,
AGED 36 YEARS
GVRA-9, MARYVILLAS, NEAR CHAKKA KSEB, CHAKKA, THIRUVANANTHAPURAM.
BY ADVS.
SRI.S.CHANDRASEKHARAN NAIR SRI.S.JAYANT
RESPONDENT/S:
Crl.MC.No. 75 of 2019
..2..
OTHER PRESENT:
SRI. ALEX M THOMBRA SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Petition filed under Section 482 Cr.P.C.
of 2013 on the file of the Additional Chief Judicial Magistrate Court, Thiruvananthapuram registered for the offences under Sections
294(b) & 394 of the Indian Penal Code. The
second respondent is the victim. It is
submitted that the matter has been settled and the proceedings in the criminal case may be quashed.
Crl.MC.No. 75 of 2019
Sd/-
K.ABRAHAM MATHEW
JUDGE
Bka/15.01.2019
Crl.MC.No. 75 of 2019
..4..
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE-A1 COPY OF FIR AND FIS IN CRIME NO. 1070/2013 OF PETTAH POLICE STATION, THIRUVANANTHAPURAM.
ANNEXURE-A2 COPY OF THE FINAL REPORT IN CC NO. 2700/2013 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM.
ANNEXURE-A3 ATTESTED COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT SIGNED BEFORE THE NOTARY PUBLIC DATED 3/1/2019.
1 issue framed by the court
Whether the criminal proceedings initiated under sections 294(b) and 394 IPC should be quashed in view of the settlement between the parties.
2 provisions across 2 enactments
SHYAM.M.S.
SUJITH
STATE OF KERALA
ANIL KUMAR
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
