This order allowed a criminal miscellaneous petition to quash criminal proceedings under Section 482 Cr.PC. The facts involved a settlement between the petitioners and the victim student at MGM College. The court quashed the proceedings and discharged the petitioners.
Quashed proceedings under Section 482 Cr.PC and discharged the petitioners.
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 18TH DAY OF FEBRUARY 2020 / 29TH MAGHA, 1941
Crl.MC.No.732 OF 2020(B)
AGAINST THE ORDER/JUDGMENT IN CP 65/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,ATTINGAL
CRIME NO.557/2019 OF Kadinamkulam Police Station , Thiruvananthapuram
PETITIONERS/ACCUSED 1& 2:
1 SHEBIN AGED 19 YEARS S/O.SHAMEEL, HNS MANZIL, NEAR CHANNAKKARA BRIDGE, CHANNAKKARA DESOM, KADINAMKULAM VILLAGE, THIRUVANANTHAPURAM DISTRICT.
2 BILAL, AGED 20 YEARS, S/O.BASHEER, BISMIA MANZIL, PACHIRA, PALLIPPURAM VILLAGE, THIRUVANANTHAPURAM DISTRICT.
BY ADV. SMT.ANUSHMA M.KHAN
RESPONDENTS/STATE & CW1:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 ADARSH S.SHIVAN AGED 21 YEARS S/O.J.SAMBASHIVAN, BABU NIVAS, BACK OF TRIVANDRUM CENTRAL MALL, PATTOOR, VANCHIYOOR, PETTA VILLAGE, THIRUVANANTHAPURAM DSITRICT, PIN CODE-695 035.
R2 BY ADV. SHAJIN S.HAMEED
OTHER PRESENT:
PP, SRI RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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O R D E R
Dated this the 18th day of February 2020
Petitioners are accused in CP No.65/2019 on the files of the Judicial First Class Magistrate’s Court-I, Attingal for having allegedly committed offences punishable under Sections 341, 294(b), 324 and 308 read with Section 34 IPC.
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interest involved.
In the result, the Criminal M.C. is allowed and the entire proceedings as against the petitioners herein in CP No.65/2019 on the files of the Judicial First Class Magistrate’s Court-I, Attingal shall stand quashed under Section 482 Cr.PC and the petitioners/accused are discharged.
Sd/-
ASHOK MENON
JUDGE
jg
Crl.MC 732/2020
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.557/2019 OF KADINAMKULAM POLICE STATION.
ANNEXURE B AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT.
1 issue framed by the court
Whether the criminal proceedings ought to be quashed given the settlement between parties and lack of public interest.
1 provisions across 1 enactments
SHEBIN
BILAL
STATE OF KERALA
ADARSH S.SHIVAN
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
