The High Court allowed a criminal miscellaneous petition filed by the second accused to quash proceedings under the Kerala Police Act, IPC, and Juvenile Justice Act. The court relied on the prior settlement order quashing charges against the first accused.
CrI.M.C. allowed. All further proceedings pursuant to Crime No.292/2021 of Maradu Police Station are quashed.
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 DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022 / 9TH AGRAHAYANA,
1944
CRL.MC NO. 2977 OF 2021
CRIME NO.292/2021 OF MARADU POLICE STATION, Ernakulam PETITIONER/ACCUSED NO.2:
RAJIK
AGED 24 YEARS S/O. ALAVUDEEN, MUNSIGAOHH, PRBBA, CHUTIAKHOR CHOPRA, DHARAMPUR, WEST BENGAL-733267.
BY ADV C.J.VARGHESE VINU
RESPONDENT/COMPLAINANT & DEFACTO COMPLAINANT:
AGED 48 YEARS
W/O. JOSEPH, PANAMPARAMBIL HOUSE, PANDAVATH ROAD, MARADU VILLAGE, MARADU PO, -682304.
BY ADV LAISA B.JOSE SMT. T.V. NEEMA, SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.11.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.2977/2021
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O R D E R
Dated this the 30th day of November, 2022
This Crl.M.C has been filed to quash all further proceedings pursuant to Crime No.292/2021 of Maradu Police Station. The petitioner is the 2nd accused. The 2nd respondent is the defacto complainant.
Crl.M.C.No.2977/2021
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dated 8.11.2021 has already quashed the proceedings against the 1st accused on the ground of settlement. The learned Prosecutor submits that the mother has no grievance against the petitioner also. That apart, there are no ingredients to attract the alleged offence against the petitioner. Hence, no purpose will be served in proceeding further against the petitioner. Accordingly, the Crl.M.C is allowed. All further proceedings pursuant to Crime No.292/2021 of Maradu Police Station hereby stands quashed.
Sd/- DR. KAUSER EDAPPAGATH JUDGE
kp
Crl.M.C.No.2977/2021
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APPENDIX OF CRL.MC 2977/2021
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF FIR IN CRIME NO.292/2021 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT (VIII) ERNAKULAM. Annexure A2 CERTIFIED COPY OF REMAND REPORT IN CRIME NO.292/2021 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT (VIII) ERNAKULAM. Annexure A3 CERTIFIED COPY OF MEDICAL CERTIFICATE OF A1 IN CRIME NO.292/2021 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT (VIII) ERNAKULAM. Annexure A4 CERTIFIED COPY OF INSPECTION MEMO OF PETITIONER IN CRIME NO.292/2021 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT (VIII) ERNAKULAM.
2 issues framed by the court
Whether further criminal proceedings against the second accused should be quashed given the settlement regarding the first accused.
Whether there are sufficient ingredients to attract the alleged offences against the petitioner.
3 provisions across 3 enactments
RAJIK
THE STATE OF KERALA
LISSY JOSEPH
KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
