The Kerala High Court allowed a petition under Section 482 CrPC to quash private criminal proceedings for vandalism and assault involving the accused and the complainant following an amicable settlement between the parties.
The Cr.M.C. is allowed and the Annexure - AI Final Report pending trial and all further proceedings thereto 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 P.B.SURESH KUMAR
FRIDAY, THE 07TH DAY OF FEBRUARY 2020 / 18TH MAGHA, 1941
Crl.MC.No.173 OF 2020(B)
AGAINST LP NO.13/2017(C.C.No.160/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -FOREST OFFENCES, NEDUMANGAD
CRIME NO.899/2013 OF Palode Police Station , Thiruvananthapuram
PETITIONER/ACCUSED:
SHOBITHAN
AGED 49 YEARS S/O. PANKAJAKSHAN, KUNNUVILA VEEDU, THOTTAYKKADU, KARAVAROM VILLAGE, THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.P.ANOOP (MULAVANA)
RESPONDENTS/STATE, DE-FACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2 SUNITHA, AGED 40 YEARS D/O. SARASWATHY, ASWATHY BHAVAN, VENKOLLA P.O., MADATHARA, PERINGAMALA VILLAGE, THIRUVANANTHAPURAM DISTRICT-695 001.
R2 BY ADV. A.CHANDRA BABU
SRI.AMJAD ALI – SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.M.C.No.173 of 2020
O R D E R
This is a proceedings under Section 482 of the Code of Criminal Procedure for quashing Annexure - AI Final Report pending trial before the Judicial First Class Magistrate Court – Forest Offences, Nedumangad in L.P.No.13 of 2017.
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In the result, the Crl.M.C. is allowed and Annexure - AI Final Report pending trial before the Judicial First Class Magistrate Court – Forest Offences, Nedumangad in L.P.No.13 of 2017 and all further proceedings thereto are quashed.
Sd/P.B.SURESH KUMAR, JUDGE.
PV
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APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE CHARGE SHEET IN LP 13/2017 (C.C.NO.160/2014) BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURTFOREST OFFENCES, NEDUMANGAD.
ANNEXURE A2 TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS: NIL
1 issue framed by the court
Whether the criminal proceedings under sections 323, 324, 354, 427 and 451 IPC should be quashed in view of private settlement between parties.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabApplied¶26
Gian singh v. State of Punjab, (2012) 10 SCC 303 · Who else cites this
2 provisions across 2 enactments
SHOBITHAN
STATE OF KERALA
SUNITHA
P.B. SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
P.B. SURESH KUMAR
Parties & counsel
