This single judge order exercises inherent powers under Section 482 CrPC to quash criminal proceedings against two accused in a theft case, citing amicable settlement, settled immunity, clean record, and absence of public interest.
Criminal proceedings quashed and petitioners/accused discharged. Second respondent entitled to release mobile phone.
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.776 OF 2020(F)
CRIME NO.83/2020 OF Muvattupuzha Police Station , Ernakulam
PETITIONERS/ACCUSED 1 & 2
1 ABUTHAHIR AGED 24 YEARS S/O. ABDULKAREEM, NO.18, MUTHUSWAMY COLONY, KALLAVEEDU MEDU BHAGHOM, SAYVALPURAM VILLAGE, COIMBATORE.
2 ABDULKADER AGED 30 YEARS
S/O. SHABEER, RAJAGOPAL LAYOUT, PEELAMEDU BHAGHOM, COIMBATORE.
BY ADV. SRI.AJEESH M UMMER
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 T. K. AZEEZ AGED 55 YEARS S/O. KOCHUMUHAMMED, THEKKUMKATTIL HOUSE, MUDAVOOR KARA, VELLORKUNNAM VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT - 686 661.
R2 BY ADV. SIKHA G.NAIR
OTHER PRESENT:
PP 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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Crl.MC 776/2020
O R D E R
Dated this the 18th day of February 2020
Petitioners are accused in Crime No.83/2020 of Muvattupuzha Police Station for having allegedly committed offences punishable under Section 380 read with Section 34 IPC.
In the result, the Criminal M.C. is allowed and the entire proceedings as against the petitioners herein in Crime No.83/2020 of Muvattupuzha Police
Crl.MC 776/2020
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Station shall stand quashed under Section 482 Cr.PC and the petitioners/accused are discharged. The second respondent shall be entitled to get release of the mobile phone which is produced before the Judicial First Class Magistrate's Court-I, Muvattupuzha on an application being filed.
Sd/-
ASHOK MENON
JUDGE
jg
Crl.MC 776/2020
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A TRUE COPY OF THE FIR IN CRIME NO.83/2020 OF MUVATTUPUZHA POLICE STATION.
ANNEXURE B AFFIDAVIT SWORN BY THE 2ND RESPONDENT. ANNEXURE C CERTIFIED COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT BEFORE THE LOWER COURT.
2 issues framed by the court
Whether extraordinary power under Section 482 CrPC should be exercised to quash proceedings where the complainant has settled the matter.
Whether the petitioners accused under Section 380 read with Section 34 IPC should be discharged.
2 provisions across 2 enactments
ABUTHAHIR
ABDULKADER
STATE OF KERALA
T. K. AZEEZ
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
