Petitioner accused moved Crl.M.C. to quash criminal proceedings following settlement. Court held fit case for invocation of inherent powers to terminate trial on settlement basis, dismissing prosecution notice.
Crl.M.C allowed; all further proceedings in C.C. No. 268 of 2018 stand quashed as against the petitioner.
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 12TH DAY OF SEPTEMBER 2023 / 21ST BHADRA, 1945
CRL.MC NO. 4605 OF 2023
AGAINST THE PROCEEDINGS PENDING IN CC 268/2018 ON THE FILE OF
JUDICAL FIRST CLASS MAGISTRATE COURT, TRIPUNITHURA ARISING FROM
CRIME NO.2084/2017 OF HILL PALACE POLICE STATION, ERNAKULAM
DISTRICT
PETITIONER/ACCUSED:
KRISHNA SAJEEV,
AGED 24 YEARS,
S/O K.T. SAJEEV, KUNNUKATTIL HOUSE,
IRUMPANAM P.O.,TRIPUNITHURA, ERNAKULAM DISTRICT,
KOCHI – 682 309.
BY ADV C.SREEKALA
RESPONDENTS/DE-FACTO COMPLAINANT & STATE:
1ALEENA M,
AGED 21 YEARS, W/O KRISHNA SAJEEV,
KUNNUKATTIL HOUSE IRUMPANAM P.O.,TRIPUNITHURA,
ERNAKULAM DISTRICT,KOCHI – 682 309.
2STATE OF KERALA
(SUB INSPECTOR OF POLICE, HILL PALACE POLICE STATION,
ERNAKULAM DISTRICT) REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031.
BY ADV P.M.JINIMOL
SRI. G SUDHEER (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 4605 OF 2023
ORDER
The petitioner is the accused in C.C.No.268 of 2018 on the file of the Judicial First Class Magistrate Court, Tripunithura, arising from Crime No.2084 of 2017 of Hill Palace Police Station, Ernakulam District. The offence alleged against the petitioner is that under Section 354D(1)(i) of the Indian Penal Code.
3
CRL.MC NO. 4605 OF 2023
under Section 482 of the Cr.P.C can be invoked to terminate the proceedings in C.C.No.268 of 2018 on the file of the Judicial First Class Magistrate Court, Tripunithura on the basis of settlement. No public interest will be served by continuing with the prosecution in C.C.No.268 of 2018 on the file of the Judicial First Class Magistrate Court, Tripunithura.
Accordingly, this Crl.M.C is allowed and all further proceedings in C.C.No.268 of 2018 on the file of the Judicial First Class Magistrate Court, Tripunithura will stand quashed as against the petitioner.
Sd/GOPINATH P. JUDGE
DK
CRL.MC NO. 4605 OF 2023
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APPENDIX OF CRL.MC 4605/2023
PETITIONER ANNEXURES
Annexure-ACERTIFIED COPY OF FINAL CHARGE IN CC
NO 268/2018 ON THE FILE OF JUDICIAL
FIRST CLASS MAGISTRATE COURT-
TRIPUNITHURA ARISING FROM CRIME NO:
2084/2017 OF HILL PALACE POLICE
STATION, ERNAKULAM DISTRICT.
Annexure-BTRUE COPY OF AFFIDAVIT OF THE 1ST
RESPONDENT
2 issues framed by the court
Whether the proceedings in C.C.No.268 of 2018 should be quashed on the basis of settlement between the parties under Section 482 Cr.P.C.
Whether termination of proceedings would serve no public interest in the facts of this case.
2 provisions across 2 enactments
KRISHNA SAJEEV
ALEENA M
STATE OF KERALA
GOPINATH P
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court