Note allowed in Criminal Miscellaneous Case upon settlement. Court exercised jurisdiction under Section 482 CrPC to quash further proceedings due to settlement between the parties and absence of public interest.
Fewer proceedings in C.C. No. 262/2022 will stand quashed as against the petitioner due to settlement.
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 GOPINATH P.
TUESDAY, THE 17TH DAY OF OCTOBER 2023 / 25TH ASWINA, 1945
CRL.MC NO. 3107 OF 2023
AGAINST THE ORDER/JUDGMENT CC 262/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III,KOZHIKODE
PETITIONER/ACCUSED:
JASEER, AGED 32 YEARS
S/O MOIDEEN KOYA , KV HOUSE, PYNGATTU PARAMB,
PAARAKKULAM ROAD, PANTHEERANKAVU. P.O KOZHIKODE-
KERALA, PIN - 673019
BY ADV SHARAN SHAHIER
RESPONDENT/STATE AND DE FACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED PUBLIC PROCECUTOR, HIGH COURT OF KERALA, KOCHIN, PIN - 6820312JIFAANA , W/O JASEER AGED 29 YEARS,
KV HOUSE, PYNGATTU PARAMB, PAARAKKULAM ROAD,
PANTHEERANKAVU. P.O KOZHIKODE-, PIN - 673019
BY ADV PUBLIC PROSECUTOR
SRI NOUSHAD K.A. (SR PP) SRI.S.MOHAMMED FEBIN-R2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 3107 OF 2023 2
ORDER
Petitioner is the accused in Crime No.542/2021 of Pantheerankavu police station, Kozhikode district, which is now pending as C.C. No.262/2022 on the file of the Judicial First Class Magistrate Court-III, Kozhikode, alleging commission of offences punishable under Sections 498A and 406 of the Indian Penal Code.
CRL.MC NO. 3107 OF 2023 3
Accordingly, the Crl.M.C is allowed and all further proceedings in C.C. No.262/2022 on the file of the Judicial First Class Magistrate Court-III, Kozhikode (arising out of Crime No.542/2021 of Pantheerankavu police station) will stand quashed as against the petitioner.
Sd/-
GOPINATH P. JUDGE
ajt
CRL.MC NO. 3107 OF 2023 4
APPENDIX OF CRL.MC 3107/2023
PETITIONER ANNEXURES
Annexure 1CERTIFIED COPY OF THE FIR AND FINAL REPORT IN
CRIME NO. 0542/2021 OF PANTHEERANKAVU POLICE
STATION, KOZHIKODE DISTRICT
Annexure 2AFFIDAVIT FILED BY THE 2ND RESPONDENT
2 issues framed by the court
Whether to quash criminal proceedings against the petitioner upon settlement of disputes.
Whether any public interest requires continuation of the proceedings under Section 482 CrPC given the settlement.
1 provisions across 1 enactments
JASEER
STATE OF KERALA
JIFAANA
GOPINATH P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court