The Court allowed the criminal miscellany petition and quashed proceedings under Sections 341, 294(b), and 324 of IPC against the sole accused, who was discharged, citing amicable settlement and absence of public interest.
Crl.M.C allowed; entire proceedings in C.C.No.38/2020 quashed; accused 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
FRIDAY, THE 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941
Crl.MC.No.855 OF 2020(F)
IN CRIME NO.565/2019 OF NEYYARDAM POLICE STATION , THIRUVANANTHAPURAM
IN C.C.NO. 38/2020 ON THE FILES OF THE JUDICIAL MAGISTRATE OF FIRST CLASS COURT, KATTAKADA
PETITIONER/ACCUSED:
SHIBI, AGED 25 YEARS S/O. REGHU, RESIDING AT THADATHARIKATHU VEEDU, KANCHIMOODU, PANTHA, KALLIKADU, NEYYARDAM, THIRUVANANTHAPURAM DISTRICT-695 572.
BY ADV. SMT.DHANYA BABU
RESPONDENTS/STATE & DEFACTO COMPLAINANTS:
1 STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, NEYYARDAM POLICE STATION IN THIRUVANANTHAPURAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2 JOHN PHILIP, AGED 27 YEARS, S/O. PHILIPOSE, P.S. BHAVAN, MARUTHAMCODE, MANNAMKONAM P.O., THIRUVANANTHAPURAM – 695 125
R2 BY ADV. S.SAMEER
OTHER PRESENT:
SMT. M.N MAYA – PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.855 OF 2020(F)
2
ORDER
Dated this the 13th day of March, 2020
The petitioner is the sole accused in C.C.No.38/2020
on the files of the Judicial First Class Magistrate Court, Kattakada,
for having allegedly committed offences punishable under Sections
341, 294(b) and 324 of the IPC. The defacto complainant is the 2nd
respondent who has appeared through counsel and filed affidavit to
the effect that the matter has been amicably settled and that he has
no grievance against the petitioner. A report to that effect has also
been obtained from the Investigating Officer. The petitioner has no
criminal antecedents. There is no public interest involved.
In the result, the Crl.M.C is allowed and the entire
proceedings as against the petitioner in C.C.No.38/2020 on the files
of the Judicial First Class Magistrate Court, Kattakada, stands
quashed under Section 482 Cr.P.C and the accused is discharged.
Sd/-
ASHOK MENON
JUDGE
NR/13/03/20
Crl.MC.No.855 OF 2020(F)
3
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A1 TRUE COPY OF FIRST INFORMATION REPORT CRIME NO. 565/2019 OF THE NEYYARDAM POLICE STATION.
ANNEXURE A2 TRUE COPY OF THE CHARGE SHEET IN CRIME NO. 565/2019 OF THE NEYYARDAM POLICE STATION. ANNEXURE A3 ORIGINAL AFFIDAVIT DATED 10.12.2019 SWORN IN BY THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY// PA TO JUDGE
1 issue framed by the court
Whether the criminal proceedings against the accused should be quashed given the settlement and lack of public interest.
1 provisions across 1 enactments
Shibi
State of Kerala
John Philip
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court