In a criminal miscellaneous case, the Kerala High Court dismissed the petition as infructuous because the trial court had acquitted the petitioners following an out-of-court settlement and withdrawal of the complaint by the State.
The criminal miscellaneous petition was dismissed as infructuous.
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 ZIYAD RAHMAN A.A.
WEDNESDAY, THE 17TH DAY OF NOVEMBER 2021 / 26TH KARTHIKA, 1943
CRL.MC NO. 2070 OF 2018
[CC NO.1093/2017 PENDING ON THE FILE OF THE JUDICIAL MAGISTRATE OF
FIRST CLASS NJARACKAL]
PETITIONERS/ACCUSED NOS.1 TO 4:
AGED 57 YEARS PALACKAL HOUSE, THEKKENMALIPPURAM,AZHEEKAL P.O., ERNAKULAM
2 CATHERIN, W/O.ANGEL AGED 18 YEARS PALACKAL HOUSE, THEKKENMALIPPURAM,AZHEEKAL P.O., ERNAKULAM
BY ADVS. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.D.FEROZE SRI.V.VINAY
RESPONDENTS/STATE & COMPLAINANT:
CRL.MC No.2070 of 2018 2
BY ADVS. R1 BY SRI. SUDHEER GOPALAKRISHNAN, PP R2 BY ADV. SRI.SHERRY J. THOMAS
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC No.2070 of 2018 3
O R D E R
It is reported by the petitioners as well as
party respondent that the matter has been settled out of court and consequent to the settlement, the protest complaint submitted by the 2nd respondent has been withdrawn. Accordingly, the petitioners are acquitted by the trial court.
In such circumstances, the Crl.M.C. has become infructuous and, accordingly, it is dismissed as infructuous.
Sd/-
ZIYAD RAHMAN A.A. JUDGE
pkk
CRL.MC No.2070 of 2018 4
APPENDIX OF CRL.MC 2070/2018
PETITIONER ANNEXURE
ANNEXURE I TRUE COPY OF THE COMPLAINT ALONG WITH FIR IN CRIME NO.688/2016 OF NJARACKAL POLICE STATION. ANNEXURE II TRUE COPY OF THE REFER REPORT IN CRIME NO.688/2016 OF NJARACKAL POLICE STATION. ANNEXURE III CERTIFIED COPY OF THE PROTEST COMPLAINT FILED BY THE 2ND RESPONDENT ANNEXURE IV TRUE COPY OF THE FIRST INFORMATION REPORT ALONG WITH FIRST INFORMATION STATEMENT IN CRIME NO.2214/14 OF NJARACKAL POLICE.
Flemmy
Catherin
Shirly
Mini
State of Kerala
Pradeep Kumar P.P.
Ziyad Rahman A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
