Aneesh v. Ramesh
Case brief
What is this about?
The Court allowed a Criminal Miscellaneous Petition seeking quashing of proceedings for theft. Finding the dispute private in nature and settled between parties, the Court invoked powers under Section 482 CrPC citing Gian Singh to quash further proceedings against the petitioners.
What did the court decide?
The Crl.M.C. is allowed; the Final Report in Crime No.627/2019 and all further proceedings in C.C. No.3/2020 against the petitioners are quashed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 26TH DAY OF JULY 2022 / 4TH SRAVANA, 1944
CRL.MC NO. 2128 OF 2020
CC 3/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I,ALATHUR
CRIME NO.627/2019 OF ALATHUR POLICE STATION, PALAKKAD
PETITIONERS/ACCUSED NOS.1 TO 4:
1ANEESH
AGED 23 YEARS
S/O HALEEM, KUNNUMPARAMBU VEEDU,
KUNNUMPARAMBU, ALATHUR, PALAKKAD.
2 SADIK @ PERA SADIK, AGED 27 YEARS S/O ABDUL REHIMAN, REHMANIYA MANZIL, MOOCHIKKAD, ALATHUR, PALAKKAD.
3SHAMSUDHEEN,
AGED 27 YEARS
S/O YUSAF, YUSAF MANZIL, COURT ROAD,
ALATHUR, PALAKKAD.
4SADIK,
AGED 27 YEARS
S/O SAKKARIA, PUTHEN VEEDU, PARAYAMKODE,
VENGANNUR, ALATHUR, PALAKKAD.
Issues for consideration
2 issues framed by the court
Whether the criminal proceedings for theft involving a private dispute and subsequent settlement should be quashed under Section 482 CrPC.
Whether a settlement affidavit by the complainant justifies quashing further proceedings against the accused.
Parties & counsel
- petitioner
ANEESH
- petitioner
SADIK @ PERA SADIK
- petitioner
SHAMSUDHEEN
- petitioner
SADIK
- respondent
RAMESH
- respondent
Case details
As recorded by the court registry
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