Jyothish v. Raman
Case brief
What is this about?
This criminal miscellaneous petition sought quashing of proceedings against the petitioner, the 3rd accused. The court allowed the petition, quashing proceedings under Section 482 CrPC due to case settlement, acquittal of others, and lack of public interest.
What did the court decide?
The Criminal M.C. is allowed; proceedings against the petitioner in CC No.609/2019 are quashed under Section 482 CrPC; the petitioner is discharged.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 11TH DAY OF FEBRUARY 2020 / 22ND MAGHA, 1941
Crl.MC.No.312 OF 2020(H)
IN CC 609/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS, ALATHUR
CRIME NO.574/2012 OF Nenmara Police Station, Palakkad
PETITIONER/ ACCUSED NO.3 :
JYOTHISH, AGED 38 YEARS, S/O.VELAYUDHAN, KOZHIKKAD, THIRUVAZHIYAD, PALAKKAD.
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENTS/ DE FACTO COMPLAINANT AND STATE :
1 RAMAN, AGED 38 YEARS, S/O.APPUKUTTAN, KOZHIKKAD, THIRUVAZHIYAD, PALAKKAD – 678 303.
Issues for consideration
2 issues framed by the court
Whether the criminal proceedings against the petitioner under Sections 341, 323, 324, and 506 IPC should be quashed given the settlement and acquittal of other accused.
Whether the learned Magistrate Court should discharge the accused based on the final report and affidavit of settlement.
Parties & counsel
- petitioner
Jyothish
- respondent
Raman
- respondent
State of Kerala
Coram
Case details
As recorded by the court registry
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