The High Court of Kerala allowed the Criminal Misc. Case and quashed criminal proceedings in C.C.No.2026 of 2018. The acquittal/discharge was based on an amicable settlement between parties, receipt of the final report, and absence of public interest.
Criminal proceedings in C.C.No.2026 of 2018 quashed; accused discharged.
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 ASHOK MENON
WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941
Crl.MC.No.151 OF 2020(H)
AGAINST CC 2026/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, CHERTHALA
CRIME NO.769/2018 OF Poochakkal Police Station , Alappuzha
PETITIONER/ACCUSED:
ANAND G., AGED 21 YEARS, S/O. GOPAKUMAR, SOUPARNIKA HOUSE, AROOR P.O., PIN- 688 534.
BY ADV. SRI.SHERRY J. THOMAS
RESPONDENTS/DEFACTI COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICE, POOCHAKKAL POLICE STATION AROOR, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.
2 ISHAHAKH,
S/O. IBRAHIM, AGED 21 YEARS, KUNNEL HOUSE, WARD NO. 7, VADUTHALA JETTY P.O., VADUTHALA 682 023.
3 ISMAYIL, S/O. IBRAHIM, KUNNEL HOUSE, WARD NO. 7, VADUTHALA JETTY P.O., VADUTHALA 682 023.
R1 BY SRI.C.S.HRITHWIK, SR. PP R2-3 BY ADV. C.V.JOSEPH (CHELAKKATT)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.151 OF 2020(H)
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ORDER
Dated this the 19th day of February 2020
The petitioner is the sole accused in C.C.No.2026 of
2018 on the files of the Judicial First Class Magistrate Court-II, Cherthala for having allegedly committed offence punishable under Sections 341, 294(b), 323 and 427 of the IPC. The defacto complainant/injured are respondents 2 and 3 who have appeared through counsel and filed affidavits to the effect that the matter has been amicably settled with the petitioner and that they do not have any grievance against the petitioner. A report to that effect has also been obtained from the Investigating Officer through the Senior Public Prosecutor. It is also submitted that there is also a counter case in which respondents 2 and 3 were accused and that too has been settled. The petitioner does not have any criminal antecedents. There is no public interest involved.
In the result, the Crl.M.C is allowed and the entire proceedings in C.C.No.2026 of 2018 on the files of the Judicial First Class Magistrate Court-II, Cherthala stands quashed under Section 482 Cr.P.C and the accused is discharged.
Sd/ASHOK MENON JUDGE
ska
Crl.MC.No.151 OF 2020(H)
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO. 769/2018 OF POOCHAKKAL POLICE STATION, AT CHERTHALA DATED 23.7.2018.
ANNEXURE A2 THE CERTIFIED COPY OF FINAL REPORT IN CC NO. 2026/2018 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT II AT CHERTHALA DATED 10.9.2018. ANNEXURE A3 THE ORIGINAL OF THE AFFIDAVIT SIGNED BY THE 2ND RESPONDENT DATED 19.10.2019. ANNEXURE A4 THE ORIGINAL OF THE AFFIDAVIT SIGNED BY THE 3RD RESPONDENT DATED 19.10.2019.
1 issue framed by the court
Whether the entire criminal proceedings should be quashed under Section 482 Cr.P.C.
1 provisions across 1 enactments
Anand G.
State of Kerala
Isahakh
Ismayil
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
