This Single Judge Order quashed criminal proceedings under Section 482 of Cr.P.C. The court noted that the parties had settled the dispute and the de facto complainant had no grievance, allowing the discharge of the accused.
The entire proceedings against the petitioner in C.C. No. 218/2018 stands quashed and she 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
MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941
Crl.MC.No.76 OF 2020(H)
AGAINST THE ORDER/JUDGMENT IN CC 218/2018 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM
CRIME NO.2420/2017 OF Medical College Police Station, Thiruvananthapuram
PETITIONER/ACCUSED:
MARY JOSEPHINE VINEETHA, AGED 43 YEARS, TC 93/6, PANAYIL TEMPLE, PSC NAGAR, NEERAZHI LANE, ULLOOR, MEDICAL COLLEGE, THIRUVANANTHAPURAM.
BY ADV. SRI.RAGHUL SUDHEESH
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031.
2 SOUMYA G., PATTATHIL HOUSE, NEERAZHI LANE, ULLOOR, MEDICAL COLLEGE, THIRUVANANTHAPURAM, PIN-695011.
R1 BY SMT. V. SREEJA, PP R2 BY ADV. NEENU PAVITHRAN
OTHER PRESENT:
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.76 of 2020
2
O R D E R
Dated this the 9th day of March 2020
The petitioner is the sole accused in
C.C.No.218/2018 on the files of the Additional Chief Judicial Magistrate Court, Thiruvananthapuram, for having allegedly committed the offences punishable under Sections 447 and 426 of I.P.C. The defacto complainant is no more. The complaint was filed by the defacto complainant in his capacity as Secretary of the Temple Committee. The present Secretary and owner of the Temple 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 she has no existing grievance, whatsoever, against the petitioner. A report has been filed by the investigating officer through the Public Prosecutor to that effect. The petitioner does not have any criminal antecedents and no public interest is involved.
Crl.M.C.No.76 of 2020
3
In the result, the Crl.M.C. is allowed and the entire proceedings as against the petitioner in C.C.No.218/2018 on the files of the Additional Chief Judicial Magistrate Court, Thiruvananthapuram, stands quashed under Section 482 of Cr.P.C. and the
petitioner is discharged.
Sd/-
dkr
ASHOK MENON
JUDGE
Crl.M.C.No.76 of 2020
4
APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE A1 | CERTIFIED OF MEDICA THIRUVANAN |
COPY OF L COLL THAPURAM |
FIR IN CRIME NO.2420/2017 EGE POLICE STATION IN DISTRICT. |
|---|---|---|---|
| ANNEXURE A2 | CERTIFIED NO.2420/20 STATION IN |
COPY OF 17 OF THIRUVA |
THE FINAL REPORT IN CRIME MEDICAL COLLEGE POLICE NANTHAPURAM DISTRICT. |
| ANNEXURE A3 | COPY OF TH | E TAX RE | CEIPT DATED 28.05.2018. |
| ANNEXURE A4 | AFFIDAVIT RESPONDENT |
DATED . |
23.12.2019 OF 2ND |
1 issue framed by the court
Whether quashing of criminal proceedings under Section 482 of Cr.P.C. is warranted when the parties have amicably settled the matter.
1 provisions across 1 enactments
Mary Josephine Vineetha
State of Kerala represented by Public Prosecutor
Soumya G.
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
