This court allowed a petition under Section 482 Cr.PC. to quash criminal proceedings based on the de facto complainant's affidavit stating that all disputes had been amicably settled and no public interest was involved.
Quashed the FIR and all proceedings against the petitioners pending in C.C. No. 944 of 2019.
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
FRIDAY, THE 12TH DAY OF NOVEMBER 2021 / 21ST KARTHIKA, 1943
CRL.MC NO. 2850 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 944/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,VARKALA, THIRUVANANTHAPURAM
PETITIONER/S:
1 BINNY S AGED 38 YEARS S/O RADHA J, BINNY NIVAS, GANDHIMUKKU, VAKKOM, P.O.THIRUVANANTHAPURAM, PIN-695 308.
2 RADHA. J AGED 67 YEARS C/O BINNY S, BINNY NIVAS, GANDHIMUKKU, VAKKOM, P.O.THIRUVANANTHAPURAM, PIN-695 308. BY ADV T.KABIL CHANDRAN
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN-682 031.
2 RESHMA R AGED 29 YEARS W/O BINNY, THITTAYIL HOUSE, VAKKOM VILLAGE, THIRUVANANTHAPURAM, PIN-685 308.
CRL.MC NO. 2850 OF 2021
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3 STATION HOUSE OFFICER KADAKKAVOOR POLICE STATION, THIRUVANANTHAPURAM, PIN-685 309. BY ADV SARUN RAJAN
PP RENJIT GEORGE,SR GP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.11.2021, ALONG WITH Crl.MC.3062/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
This petition is filed under Section 482 of the Code of Criminal Procedure, 1973 ('the Code” for brevity).
in Crime No. 1382 of 2018, pending as C.C.No. 944 of 2019 on the file of the Judicial Magistrate of First Class-I, Varkala. The petitioners herein are the husband and mother-in-law of the 2nd respondent and they are proceeded against for having committed offence punishable under Sections 323, 324, 506 and 498A r/w Section 34 of IPC.
to quash the proceedings on the ground of settlement of all disputes. The 2nd respondent filed an affidavit stating that she does not wish to continue with the prosecution proceedings against the petitioners. Annexure-A1 is the copy of the FIR and Annexure-A2 is the affidavit filed by the 2nd respondent/defacto complainant.
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the learned counsel appearing for the defacto complainant as well as Adv. Renjit George, the learned Public Prosecutor.
that the parties have amicably settled all their disputes and the affidavit duly sworn in by the defacto complainant is also produced. In the affidavit, it is specifically stated about the comprise arrived with the petitioners and the defacto complainant is now living along with the 1st accused. The learned Public Prosecutor produced a copy of the signed statement of the defacto complainant.
the petitioners and the defacto complainant/2nd
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respondent have been amicably settled and an affidavit to that effect is also filed. All disputes between the parties are purely private in nature and no public interest is involved.
In the result, this petition will stand allowed. Annexure-A1 FIR in Crime No. 1382 of 2018 and all proceedings pursuant thereto against the petitioners now pending as C.C.No. 944 of 2019 on the file of the Judicial First Class Magistrate Court-I, Varkala is quashed.
Sd/-
M.R.ANITHA JUDGE
avs
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APPENDIX OF CRL.MC 2850/2021
PETITIONER ANNEXURE
Annexure A1 THE CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CC NO 944 OF 2019 PENDING ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1 VARKALA, THIRUVANANTHAPURAM Annexure A2 AFFIDAVIT FILED BY THE 2ND RESPONDENT
1 issue framed by the court
Whether the quashable proceedings should be quashed upon settlement of disputes between the parties
2 provisions across 2 enactments
BINNY S AND ANOTHOR
STATE OF KERALA
RESHMA R
STATION HOUSE OFFICER KADAKKAVOOR
M.R. ANITHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
M.R. ANITHA
