Allowed

Lijeesh v. State of Kerala

Kerala HC9 Feb 2022Crl.MC/852/2022

Case brief

AI extract

What is this about?

The High Court of Kerala quashed criminal proceedings (C.C.No.823/2019) instituted against the petitioner for assault related to a family dispute. Relying on the complainant's statement of non-pursuit and the mutual settlement of the underlying offences, including a settlement in a Section 498A case, the Court discharged the petitioner.

What did the court decide?

The entire proceedings in C.C.No.823/2019 before the Judicial First Class Magistrate's Court, Kozhikode, were quashed and the petitioner stood exonerated.

Lijeesh Vs State of Kerala — Quashing and FIR | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE K.HARIPAL WEDNESDAY, THE 9^TH DAY OF FEBRUARY 2022 / 20TH MAGHA, 1943 CRL.MC NO. 852 OF 2022

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(IN C.C.NO.823/2019 BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, KOZHIKODE)

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PETITIONER:

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LIJEESH AGED 39 YEARS S/O MOHANDAS, RESIDING ATMADATHILPURAYIL, SREEVALSAM CHALILTHARAM, KAKKODI, KOZHIKODE, PIN - 673611 BY ADV M.S.AMAL DHARSAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 SAJESH AGED 38 YEARS S/O SADANANDHAN RESIDING AT, THAYYIL HOUSE, CHERUVATTAKADAVU, PARAMBIL P.O., KOZHIKODE, PIN - 673012 BY ADV ADITHYA RAJEEV

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SR.PP - SMT. SREEJA V.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.852 of 2022

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ORDER

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Petitioner is the accused in C.C.No.823/2019 on the file of the Judicial First Class Magistrate's Court, Kozhikode, which arose from a complaint in C.M.P.No.5228/2018 preferred by the 2^nd respondent alleging offence punishable under Sections 341, 323 and 324 of the IPC. The petitioner is the brother-in-law of the 2^nd respondent. The alleged incident had happened at the residence of the petitioner. It is alleged that when the 2^nd respondent/complainant had gone to the residence of the petitioner for taking his sister, wife of the petitioner from the house to take her to the hospital where their mother was undergoing treatment, the petitioner, under the influence of alcohol, assaulted and injured the 2^nd respondent and thus the complaint was preferred and the case was taken on file.

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It is submitted that the case is settled and the proceedings are sought to be quashed. It is also pointed out that there is another case instituted by the wife of the petitioner alleging offence under Section 498A of the IPC. That case also has been settled and the petitioner and his wife have decided to effect divorce through the Family Court. Now the case is settled.

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Crl.M.C.No.852 of 2022

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3. The Annexure-2 affidavit indicates that the case is settled.

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The 2^nd respondent, complainant does not want to pursue the proceedings. Recording the statement of the 2^nd respondent and also after hearing learned counsel on both sides, entire proceedings in C.C.No.823/2019 pending before the Judicial First Class Magistrate's Court, Kozhikode are quashed and the petitioner shall stand exonerated.

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Crl.M.C is allowed as above.

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Jms/09.02

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//True Copy// P.A to Judge

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Crl.M.C.No.852 of 2022

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APPENDIX OF CRL.MC 852/2022

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PETITIONER ANNEXURES

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Annexure I TRUE COPY OF THE PRIVATE COMPLAINT IN CMP NO. 5228/2018 PENDING AS C.C. NO. 823 OF 2019 BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT KOZHIKODE Annexure II ORIGINAL AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT

Lijeesh v. State of Kerala

Case brief

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Lijeesh v. State of Kerala

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