The High Court of Kerala allowed a criminal miscellaneous petition and quashed proceedings under Sections 324 and 308 IPC after a settlement was reached between the accused and the victims, considering the injury non-life-threatening and no criminal antecedents.
Crl.M.C. No. 64 of 2020 allowed; proceedings under S.C. No. 777/2017 quashed; petitioner 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 10TH DAY OF MARCH 2020 / 20TH PHALGUNA, 1941
Crl.MC.No.64 OF 2020(G)
AGAINST THE ORDER/JUDGMENT IN S.C.NO.777/2017 OF ADDITIONAL ASSISTANT SESSIONS COURT, PALAKKAD
CRIME NO.591/2013 OF Pudunagaram Police Station, Palakkad
PETITIONER/ACCUSED:
KAJA HUSSAIN, AGED 52 YEARS, S/O SULAIMAN RAWTHER, MSR HOUSE, PANAMKUTTI, PERUVEMBA, PALAKKAD.
BY ADV. SRI.T.K.SANDEEP
RESPONDENTS/COMPLAINANT & STATE:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 31.
AGED 44 YEARS, S/O SULAIMAN RAWTHER, MSR HOUSE, PANAMKUTTI, PERUVEMBA, PALAKKAD.
3 SEENA Y., AGED 37 YEARS, W/O LATE KAJAHUSSAIN, MOOPAN HOUSE, KARUVANNURTHARA, KODUVAYUR, PALAKKAD-678501.*
4 ASNA FATHIMA,*
AGED 6 YEARS, D/O LATE KAJAHUSSAIN, MOOPAN HOUSE, KARUVANNURTHARA, KODUVAYUR, PALAKKAD-678501, MINOR REPRESENTED THROUGH HER MOTHER SEENA Y.
*IMPLEADED AS ADDL.R3 AND R4 AS PER ORDER DATED 17.02.2020 IN CRL.MA.3/2020.
R1 BY SMT. V. SREEJA, PP R2 BY ADV. GOKUL DAS V.V.H.
OTHER PRESENT:
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No. 64 of 2020
2
O R D E R
Dated this the 10th day of March 2020
The petitioner is the sole accused in S.C.No.777/2017 on the files of the Additional
Assistant Sessions Court, Palakkad, for having allegedly committed the offences punishable under Sections 324 and 308 of I.P.C. The injured is the 2nd
respondent, who has filed an affidavit stating that the matter has been amicably settled and that he has no existing grievance against the petitioner. The
defacto complainant died and his legal heirs are
impleaded as additional respondents 3 and 4. They have filed an affidavit to the effect that the matter
has been amicably settled. The 4th respondent is a minor, represented by her mother, the 3rd respondent. The petitioner does not have any criminal antecedents
and no public interest is involved. In view of the settlement arrived at between the parties and also considering the fact that the injury sustained by the
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Crl.M.C.No. 64 of 2020
2nd respondent is not life-threatening, and on the basis of the report filed by the investigating
officer regarding the settlement, the Crl.M.C. is allowed and the entire proceedings as against the petitioner in S.C.No.777/2017 on the files of the Additional Assistant Sessions Court, Palakkad, stands quashed under Section 482 of Cr.P.C. and the
petitioner is discharged.
Sd/-
dkr
ASHOK MENON
JUDGE
Crl.M.C.No. 64 of 2020
4
APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE 1 | COPY OF THE F.I.R. DATED 26-04-2013 IN CRIME NO. 591/2013 OF PUTHUNAGARAM POLICE STATION, PALAKKAD. |
|---|---|
| ANNEXURE II | COPY OF THE FINAL REPORT DATED 14-06-2013 IN CRIME NO. 591/2013 OF PUTHUNAGARAM POLICE STATION, PALAKKAD. |
| ANNEXURE III | COPY OF THE AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT DATED 03-12-2019. |
| ANNEXURE IV | COPY OF THE RELATIONSHIP CERTIFICATE DATED 30.05.2018. |
| ANNEXURE V | COPY OF THE AFFIDAVIT SIGNED BY SEENA DATED 29.01.2020. |
3 issues framed by the court
Whether the criminal proceedings should be quashed in view of the settlement reached between the parties.
Whether the petitioner should be discharged from the charges.
Whether public interest is involved in the present case.
Colour shows how this judgement treated each authority
Section 482 of Cr.P.C.Applied¶36
1 provisions across 1 enactments
KAJA HUSSAIN
STATE OF KERALA
NASEER
SEENA Y.
ASNA FATHIMA
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
