This order quashes criminal proceedings against two accused persons after the parties amicably settled all issues. The defacto complainant stated no objection, leading the court to conclude that continued proceedings would be an abuse of the process of law.
Quashment of entire proceedings in crime No.177/2021 of Pothencode Police Station, Thiruvananthapuram.
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 MRS. JUSTICE M.R.ANITHA
THURSDAY, THE 18TH DAY OF NOVEMBER 2021 / 27TH KARTHIKA, 1943
CRL.MC NO. 1876 OF 2021
CRIME NO.177/2021 OF POTHENCODE POLICE STATION, THIRUVANANTHAPURAM
PETITIONERS/ACCUSED 1 AND 2:
1 CHANTHU AGED 25 YEARS S/O. KUMAR, MOOLAYIL VILAKATHU VEEDU, AYIROORPARA P. O., THIRUVANANTHAPURAM DISTRICT - 695584.
2 SYAM AGED 23 YEARS S/O. SIVARAJAN, GEETHANJALI PLAMOODU, POTHENCODE, THIRUVANANTHAPURAM DISTRICT - 695584. BY ADV P.ANOOP (MULAVANA)
RESPONDENTS/STATE, DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 RAJANI AGED 45 YEARS D/O. JAYACHANDRIKA, RAMAPURATHU POIKA VEEDU, AYIROORPARA, AYIROORPARA VILLAGE, THIRUVANANTHAPURAM DISTRICT - 695584. BY ADV A.CHANDRA BABU
OTHER PRESENT:
PP RENJIT GEORGE,SR GP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.11.2021,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
Crl.M.C.No.1876 of 2021
O R D E R
This Crl.M.C. has been filed seeking to quash the entire proceedings in Annexure A1 FIR in crime No.177/2021 of Pothencode Police Station, Thiruvananthapuram, which is registered for the offences punishable u/s.451, 294(b), 323, 427, 506, 354 r/w. 34 IPC.
and the 2nd respondent is the defacto complainant.
Crl.M.C.No.1876 of 2021
3
statement, the defacto complainant has categorically stated that she has no objection in quashing the further proceedings against the petitioners in the above crime.
In the result, Crl.M.C. stands allowed.
Sd/-
M.R.ANITHA
JUDGE
shg
Crl.M.C.No.1876 of 2021
4
APPENDIX OF CRL.MC 1876/2021
PETITIONER ANNEXURE ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO.177/2021 OF THE POTHENCODE POLICE STATION, THIRUVANANTHAPURAM DISTRICT. ANNEXURE A2 TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT.
3 issues framed by the court
Whether proceedings under the National Investigation Agency Act and other relevant laws should be quashed upon out-of-court settlement.
Whether the private complainant has no objection to quashing the further proceedings.
Whether continuance of proceedings would amount to an abuse of the process of law.
Chanthu
Syam
State of Kerala
Rajani
M.R. Anitha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
