The High Court of Kerala allowed a criminal miscellaneous petition petitioned by accused persons, quashing criminal proceedings. The court found the dispute settled amicably and noted the remote possibility of conviction due to the settlement.
The proceedings in C.C.No.737/2018 on the files of the Judicial First Class Magistrate Court-II, Aluva 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 V.G.ARUN
WEDNESDAY, THE 07TH DAY OF OCTOBER 2020 / 15TH ASWINA, 1942
Crl.MC.No.3714 OF 2020(D)
AGAINST THE ORDER/JUDGMENT IN CC 737/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, ALUVA
CRIME NO.566/2018 OF Binanipuram Police Station , Ernakulam
PETITIONER/ACCUSED NOS.1,2 AND 3:
AGED 65 YEARS
S/O. MOHAMMED, THACHAVALLATH HOUSE, KURIKKODUPARAMBU, KAYANTIKKARA, MUPPATHADAM P.O., NORTH PARAVUR, ERNAKULAM, PIN-683 110.
2 ABISH T.A. AGED 35 YEARS
S/O. ABDUL AZEEZ, THACHAVALLATH HOUSE, KURIKKODUPARAMBU, KAYANTIKKARA, MUPPATHADAM P.O., NORTH PARAVUR, ERNAKULAM, PIN-683 110.
3 ANEESH T.A. AGED 37 YEARS S/O. ABDUL AZEEZ, THACHAVALLATH HOUSE, KURIKKODUPARAMBU, KAYANTIKKARA, MUPPATHADAM P.O., NORTH PARAVUR, ERNAKULAM, PIN-683 110.
BY ADV. SRI.D.VIMAL DEV
RESPONDENT/STATE AND DE FACTO COMPLAINANT:
AGED 53 YEARS S/O. ABDUL RAHIMAN, PATHUVANA HOUSE, KAYANTIKKARA, KADUNGALLUR VILLAGE, BINANIPURAM, ERNAKULAM, PIN-683 110.
R2 BY ADV. RAHUL GOVIND
SR.PP.AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.3714 OF 2020(D) ..2..
ORDER
Dated this the 7th day of October 2020
Petitioners are the accused in Crime
No.566/2018 registered at the Binani Puram Police Station for offences punishable under Sections 341, 323, 324 and 447 r/w 34 of IPC, now pending as C.C.No.737/2018 on the files of the Judicial First
Class Magistrate Court-II, Aluva. The de facto complainant, at whose instance the crime was registered, is arrayed as the 2nd respondent. Annexure-A3 affidavit has been filed by 2nd respondent stating that the reason for the incident, which led to registration of the crime, has been resolved amicably, and he has no subsisting grievance against the petitioners.
Crl.MC.No.3714 OF 2020(D) ..3..
who, on instructions, submits that the petitioners have no criminal antecedents.
Crl.MC.No.3714 OF 2020(D) ..4..
there is no impediment in granting the relief sought. In the result, this Crl.M.C is allowed. The proceedings in C.C.No.737/2018 on the files of the Judicial First Class Magistrate Court-II, Aluva is quashed.
SB/07/10/2020
Sd/V.G.ARUN JUDGE
Crl.MC.No.3714 OF 2020(D) ..5..
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE CERTIFIED COPY OF FIR NO.566/2018 ALONG WITH THE FIRST INFORMATION STATEMENT, BINANIPURAM POLICE STATION, ERNAKULAM.
ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.737/2018 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ALUVA, ERNAKULAM. ANNEXURE A3 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT.
//true copy// P.A to Judge
1 issue framed by the court
Whether criminal proceedings can be quashed when the dispute has been settled amicably and no grievance subsists.
Colour shows how this judgement treated each authority
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Abdul Azeez
Abish T.A.
Aneesh T.A.
State of Kerala
Harris
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
