The High Court quashed criminal proceedings and discharged the petitioners, granting the Criminal Miscellaneous petition. The judgment allowed the petition due to a compromise reached between the injured person and the accused.
Crl.M.C. No. 156 of 2020 allowed; proceedings in C.C. No. 2024/2018 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.156 OF 2020(H)
AGAINST THE ORDER/JUDGMENT IN CC 2024/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, CHERTHALA
CRIME NO.770/2018 OF Poochakal Police Station, Alappuzha
PETITIONER/ACCUSED:
1 ISMAYIL
AGED 25 YEARS S/O.IBRAHIM, KUNNEL HOUSE, VADTHALA JETTY, AROOR, P.O. PIN- 688534.
2 ISHAK, AGED 25 YEARS S/O.IBRAHIM, KUNNEL HOUSE, VADTHALA JETTY, AROOR, P.O. PIN- 688534.
BY ADV. SRI.C.V.JOSEPH (CHELAKKATT)
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY STATION HOUSE OFFICER, POOCHAKKAL POLICE STATION, AROOR, THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2 AANAND
AGED 23 YEARS S/O.GOPAKUMAR, SOUPARNIKA HOUSE, P/W 18, POOCHAKKAL, VADUTHALA JETTY P.O., VADUTHALA, PIN- 688534.
R2 BY ADV. SHERRY J. THOMAS
SRI.E.C.BINEESH PP
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.156 OF 2020(H)
2
ORDER
Dated this the 19th day of February 2020
The petitioners are accused in C.C.No.2024/2018 on
the file of the Judicial First Class Magistrate Court-II, Cherthala, for having allegedly committed offences punishable under Sections 341,323 and 506(II) read with Section 34 of the IPC. The defacto complainant/injured is the 2nd respondent who has appeared through counsel and filed affidavit to the effect that the matter has been amicably settled with the petitioners and that he has no grievance against them. A report to that effect has also been obtained from the Investigating Officer. The petitioners do not have any criminal antecedents. There is no public interest involved.
In the result, the Crl.M.C is allowed and the entire proceedings as against the petitioners in C.C.No.2024/2018 on the file of the Judicial First Class Magistrate Court-II, Cherthala, stands quashed under Section 482 Cr.P.C and the accused are discharged.
Sd/-
ASHOK MENON
JUDGE
ska
Crl.MC.No.156 OF 2020(H)
3
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO.770/2018 OF POOCHAKKAL POLICE STATION AT CHERTHALA DATED 23.07.2018.
ANNEXURE A2 THE CERTIFIED COPY OF FINAL REPORT IN CC NO.2024/2018 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT II AT CHERTHALA DATED 23.07.2018.
ANNEXURE A3 THE ORIGINAL OF THE AFFIDAVIT SIGNED BY THE 2ND RESPONDENT DATED 07.01.2020.
1 issue framed by the court
Whether the criminal proceedings against the petitioners should be quashed and they be discharged given the settlement between the injured party and the petitioners.
2 provisions across 2 enactments
Ismayil
Ishak
State-of-Kerala
Aanand
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
