High Court at Ernakulam quashed criminal proceedings against petitioner Riyas under sections 294(b), 323, 324 and 506 of IPC. Court allowed petition after finding that matter was amicably settled, no grievance exists, and public interest is not involved, discharging the accused.
Criminal proceedings in C.C.No.1042/2017 are quashed and petitioner Riyas is 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
TUESDAY, THE 03RD DAY OF MARCH 2020 / 13TH PHALGUNA, 1941
Crl.MC.No.600 OF 2020(D)
AGAINST THE ORDER/JUDGMENT IN CC 1042/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I, PATHANAMTHITTA
CRIME NO.1565/2017 OF Pathanamthitta Police Station, Pathanamthitta
PETITIONER/ACCUSED:
RIYAS, AGED 28 YEARS, S/O. HABEEB, PARASURAMAN PURAYIDAM, MADEENA JUNCTION, KUMBAZHA, PATHANAMTHITTA DISTRICT - 689 645.
BY ADV. SRI.I.SREEHARI
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 JAMALUDEEN,
AGED 57 YEARS, S/O. PEERUKUNNU RAWTHER, CHARIVUMTHUND PURAYIDOM, MADEENA JUNCTION, PATHANAMTHITTA - 689 645.
R1 BY SRI.RAMESH CHAND, PP R2 BY ADV. LEKSHMI P. NAIR
OTHER PRESENT:
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.600 of 2020
2
O R D E R
Dated this the 3rd day of March 2020
The petitioner is the sole accused in C.C.No.1042/2017 on the files of the Judicial First
Class Magistrate Court-I, Pathanamthitta, for having allegedly committed the offences punishable under
Sections 294(b), 323, 324 and 506 of I.P.C. The
defacto complainant-injured is the 2nd respondent herein, who has appeared through a Counsel and has filed an affidavit stating that the matter has been
amicably settled and that he has no existing
grievance against the petitioner. A report has been filed by the investigating officer through the Senior Public Prosecutor to that effect. The petitioner
does not have any criminal antecedents and no public interest is involved.
In the result, the Crl.M.C. is allowed and the
entire proceedings as against the petitioner in C.C.No.1042/2017 on the files of the Judicial First
Crl.M.C.No.600 of 2020
3
Class Magistrate Court-I, Pathanamthitta, stands quashed under Section 482 of Cr.P.C. and the
petitioner is discharged.
Sd/-
ASHOK MENON
dkr
JUDGE
Crl.M.C.No.600 of 2020
4
APPENDIX
| PETITIONER'S/S EX | HIBITS: | |||
|---|---|---|---|---|
| ANNEXURE AI | CERTIFIED 1565/2017 STATION, P |
COPY OF ATHAN |
OF THE AMTH |
THE FIR IN CRIME NO. PATHANAMTHITTA POLICE ITTA DISTRICT |
| ANNEXURE AII | CERTIFIED 15-03-2018 |
COPY |
OF | THE FINAL REPORT DATED |
| ANNEXURE AIII | COPY OF | THE | AFFI | DAVIT SWORN TO BY THE |
| RESPONDENT COMPOUNDIN SETTLEMENT |
NO. G OF OF T |
2 THE HE D |
ENDORSING THE FACTUM OF SAID OFFENCES AND THE ISPUTES. |
1 issue framed by the court
Whether criminal proceedings under sections 294(b), 323, 324 and 506 of IPC should be quashed due to settlement reached between parties.
2 provisions across 2 enactments
Riyas
State of Kerala
Jamaludeen
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
