The High Court of Kerala dismissed a petition under Section 482 CrPC to quash criminal proceedings, holding the plea infructuous because the petitioner, accused no.4, was deceased. Any interim stay was vacated.
The CrI.M.C. stands dismissed as infructuous; interim stay, if any, is vacated.
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 A. BADHARUDEEN
MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
CRL.MC NO. 5484 OF 2016
IN THE MATTER OF CRIME NO.595/2012 OF KAYAMKULAM POLICE STATION, ALAPPUZHA DISTRICT AND C.C.NO.1455/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KAYAMKULAM
PETITIONER/ACCUSED NO.4:
CHACHIYAMMA VARGHESE
W/O.VARGHESE, AGED 89 YEARS, CHIRATHALAKKAL HOUSE, MEENTHALAKKARA, KUTTAPUZHA VILLAGE, THIRUVALLA TALUK. BY ADVS. SRI.SAIBY JOSE KIDANGOOR SMT.AMRUTHA DIWAKAR SRI.R.LAIJU SRI.P.M.MOHAMMED SALIH
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
AGED 47 YEARS, W/O.SANTHOSH VARGHEE, KATTAPPURATH HOUSE, CHIRAKKADAVU, KAYAMKULAM, KARTHIKAPPILLY TALUK, PIN - 690 502. BY ADVS. SMT.A.SALINI LAL SRI.R.SUNIL KUMAR
PP - M P PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.08.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No. 5484 of 2016
2
ORDER
Dated this the 7th day of August, 2023
This petition has been filed under Section 482 of the Code of Criminal Procedure to quash all further proceedings pursuant to Annexure.B Final Report in C.C. No.1455/2014 on the files of the Judicial First Class Magistrate, Kayamkulam.
Accordingly, the Crl.M.C. stands dismissed as
infructuous. The interim order of stay, if any, stands vacated.
Sd/-
A. BADHARUDEEN JUDGE
SK
Crl.M.C.No. 5484 of 2016
3
APPENDIX OF CRL.MC 5484/2016
| PETITIONER'S ANN | EXURES : | |
|---|---|---|
| ANNEXURE A | TRUE COPY OF THE KAYAMKULAM POLICE 09.05.2013. |
FIR REGISTERED BY THE AS CRIME NO.595/2012 DATED |
| ANNEXURE B | TRUE COPY OF THE BY THE KAYAMKULAM C.C.NO.1455/2014. |
FINAL CHARGE HAS BEEN FILED , POLIE AS |
| ANNEXURE C | TRUE COPY OF THE TO THE 2ND RESPON |
PRIVATE COMPLAINT FORWARDED DENT DATED 13.04.203. |
| ANNEXURE D | TRUE COPY OF THE JUDICIAL 1ST CLAS KAYAMKULAM UNDER WOMEN FROM DOMEST NO.4192/2016 BY T COMPLAINT AGAINST DATED 20.07.2016. |
CRIMINAL COMPLAINT FILED AT S MAGISTRATE COURT, SEC.12 OF THE PROTECTION OF IC VIOLENCE ACT 2005 AS CMP HE MOTHER OF THE DE-FACTO THE DE-FACTO COMPLAINANT |
| ANNEXURE E | TRUE COPY OF THE KAYAMKULAM DATED |
ORDER OF JFCM COURT OF 20.07.2016. |
| ANNEXURE F | TRUE COPY OF THE DOCTOR WHO IS TRE 13.08.2016. |
CERTIFICATES ISSUED BY THE ATING THE PETITIONER DATED |
| ANNEXURE G | TRUE COPY OF THE COURT OF KERALA D |
ORDER FROM THE HON'BLE HIGH ATED 01.10.2012. |
1 issue framed by the court
Whether the petition to quash proceedings is maintainable when the petitioner/accused is deceased.
Chachiyamma Varghese
State of Kerala
Sheena Abraham
A. Badhardeen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
