This court allowed a criminal miscellaneous petition to quash criminal proceedings instituted under IPC Sections 354, 294(b), and 323. The court found that the matter had been amicably settled between the parties and no public interest was involved.
The proceedings in Crime No.192 of 2017 registered at the Railway Police Station, Ernakulam District are quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 10TH DAY OF MAY 2019 / 20TH VAISAKHA, 1941
Crl.MC.No. 977 of 2019
CRIME NO. 192/2017 OF RAILWAY POLICE STATION ERNAKULAM , Ernakulam
PETITIONER/ACCUSED:
ANU SANKAR, AGED 33 YEARS, S/O PURUSHOTHAMAN, THACHAYAI, THARAYIL KADAVU, VALIYAZHEEKAL P.O., KAYAMKULAM.
BY ADV. SMT.K.P.SANTHI
RESPONDENT/STATE & COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2 PRIYA P.K., AGED 29 YEARS, WIFE OF SOORAJ, SREERAMAVILASAM, THUMBODU, ANCHAL, KOLLAM-691306.
BY ADV. SRI.JOSEPH GOPURAN
OTHER PRESENT:
SR.PP.SRI.SANTHOSH PETER
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No. 977 of 2019
-:2:-
O R D E R
The petitioner is the accused in Crime No.192 of 2017 registered at the Railway Police Station, Ernakulam District for offences punishable under Sections 354, 294(b) and 323 of IPC. The 2nd Respondent herein is the de facto complainant. This Crl.M.C. is filed seeking to quash the proceedings in Crime No.192 of 2017 on the file of the Railway Police Station, Ernakulam District, on the ground that the issue leading to the registration of the crime has been amicably settled between the petitioner and the 2nd respondent.
Crl.M.C.No. 977 of 2019
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In the result, this Crl.M.C. is allowed. The proceedings in Crime No.192 of 2017 registered at the Railway Police Station, Ernakulam District is quashed.
Sd/-
V.G.ARUN
JUDGE
DST
Crl.M.C.No. 977 of 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE I TRUE COPY OF THE FIR NO.192 OF 2017 OF RAILWAY POLICE STATION, ERNAKULAM SOUTH ANNEXURE II TRUE COPY OF THE FINAL REPORT IN FIR NO.192/2017 OF RAILWAY POLICE STATION, ERNAKULAM SOUTH
ANNEXURE III AFFIDAVIT OF THE 2ND RESPONDENT
RESPONDENTS' EXHIBITS: NIL
//True copy//
P.A.To Judge
1 issue framed by the court
Whether the criminal proceedings under IPC Sections 354, 294(b), and 323 should be quashed on the ground of amicable settlement between the accused and the complainant.
ANU SANKAR
STATE OF KERALA
PRIYA P.K.
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
