This order quashes criminal proceedings in a case involving offences under IPC Sections 341, 324, 323, 427 read with Section 34, held that since the matter was settled out of court, no purpose would be served by proceeding further.
The entire proceedings under Crl.MC.No.5223 of 2020(C) and the underlying CC No.1181/2020 are quashed accordingly.
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.SOMARAJAN
WEDNESDAY, THE 09TH DAY OF DECEMBER 2020 / 18TH AGRAHAYANA, 1942
Crl.MC.No.5223 OF 2020(C)
AGAINST THE ORDER/JUDGMENT IN CC 1181/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,CHANGANACHERRY
CRIME NO.964/2020 OF KARUKACHAL POLICE STATION, KOTTAYAM
PETITIONERS/ACCUSED:
1 AJIL, AGED 21 YEARS S/O. SOJI, KALAYIL HOUSE, KOLLOOR BHAGOM, SANTHIPURAM P.O., KARUKACHAL VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT 686 545.
2 NIDHIN, AGED 26 YEARS S/O. RAJU, KULATHUMKAL HOUSE, ELAMKUNNU BHAGAOM, MADAPPALLY P.O. MADAPPALLY VILLAGE, CHANGANACHERRY TALUK, KOTTYAM DISTRICT 686 546.
3 SREEJITH, AGED 34 YEARS S/O. MOHANAN,THAZHCHAYIL HOUSE, ELAMKUNNU BHAGAOM, MADAPPALLY P.O., MADAPPALLY VILLAGE, CHANGANACHERRY TALUK, KOTTYAM DISTRICT 686 546.
4 AJITH, AGED 29 YEARS S/O. MOHANAN,THAZHCHAYIL HOUSE, ELAMKUNNU BHAGAOM, MADAPPALLY P.O. MADAPPALLY VILLAGE, CHANGANACHERRY TALUK, KOTTYAM DISTRICT 686 546.
BY ADV. SRI.K.SHAJ
Crl.MC.No.5223 OF 2020(C) 2
RESPONDENTS/STATE & CW1:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH CORUT OF KERALA, ERNAKULAM 682 031.
R2 BY ADV. K.MADHAVAN PILLAI
SR.GP - SRI. CHANDRASENAN D.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.5223 OF 2020(C) 3
ORDER
The matter settled out of court. Defacto complainant filed a sworn statement in that behalf. The offences alleged are under Sections 341,324,323,427 r/w 34 of IPC. Since the matter is settled out of court, no purpose will be served if it is proceeded further. Hence, the entire proceedings quashed under Section 482 Cr.P.C.
The Crl.M.C is allowed accordingly.
Sd/-
P.SOMARAJAN
JUDGE
msp
Crl.MC.No.5223 OF 2020(C) 4
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE TRUE COPY OF THE FINAL REPROT IN C.C. NO. 1181/2020 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, CHANGANACHERRY ARISING OUT OF CRIME NO. 964/2020 OF KARUKACHAL POLICE STATION, KOTTAYAM DISTRICT.
ANNEXURE A2 AFFIDAVIT SWORN BY THE SECOND RESPONDENT STATING THE SETTLEMENT OF ALL THE DISPUTE WITH THE PETITIONERS.
RESPONDENTS EXHIBITS:NIL
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether to quash the criminal proceedings in view of out-of-court settlement.
1 provisions across 1 enactments
AJIL
NIDHIN
SREEJITH
AJITH
STATE OF KERALA
VISHNU PRASAD
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
