The High Court quashed criminal proceedings against the petitioner under Section 482 Cr.P.C. relying on the settlement between the petitioner and the defacto complainant and the absence of public interest.
Criminal proceedings under C.C. No.987/2021 registered for offences under Sections 341, 448, 323, 324 and 506 IPC 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 MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 17TH DAY OF MARCH 2023 / 26TH PHALGUNA, 1944
CRL.MC NO. 851 OF 2023
CRIME NO.728/2021 OF VIDYA NAGAR POLICE STATION, Kasaragod CC 987/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KASARAGOD PETITIONER/ ACCUSED :
IBRAHIMKUNJI. M. @ KHALEEL, AGED 32 YEARS, S/O.MUHAMMED, THIDUKANADAM HOUSE, HIDAYATAH NAGAR, MUTTATHODI, KASARAGOD, PIN – 671 123
BY ADVS. I.V.PRAMOD SAJEENA ABDU T.K.
RESPONDENT/ DEFACTO COMPLAINANT & STATE :
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031 2 AJMAL IRSHAD A., AGED 20 YEARS, S/O.IBRAHIM N.A., T.N MOOLA HOUSE, T.N MOOLA, CHENKALA VILLAGE, KERALA, KASARAGOD, PIN – 671 121
BY SMT.SREEJA V., PUBLIC PROSECUTOR BY ADV.K.V.SASIDHARAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.03.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING :
CRL.MC NO. 851 OF 2023
2
BECHU KURIAN THOMAS, J.
Crl.M.C.No.851 of 2023
Dated this the 17th day of March, 2023
ORDER
Petitioner has invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against him.
3
CRL.MC NO. 851 OF 2023
and Another [(2014) 6 SCC 466] and Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653].
This Crl.M.C is allowed as above.
Sd/- BECHU KURIAN THOMAS, JUDGE
RKM
CRL.MC NO. 851 OF 2023
4
APPENDIX OF CRL.MC 851/2023
PETITIONER'S ANNEXURES :
| Annexure-A1 | A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO: 728/2021 DATED 09/11/2021 OF VIDHYANAGAR POLICE STATION |
|---|---|
| Annexure-A2 | MEMO OF EVIDENCE IN CRIME NO.728/2021 DATED 12.11.2021 OF VIDYANAGAR POLICE STATION |
| Annexure-A3 | AFFIDAVIT SWORN BY THE RESPONDENT DATED 21/01/2023 |
2 issues framed by the court
whether criminal proceedings under Sections 341, 448, 323, 324 and 506 IPC should be quashed on the ground of settlement.
whether any public interest would be affected by quashing the proceedings.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherRelied on¶23
[(2012) 10 SCC 303] · Who else cites this
Narinder Singh and Others v. State of Punjab and AnotherRelied on¶24
[(2014) 6 SCC 466] · Who else cites this
Yogendra Yadav and Others v. State of Jharkhand and AnotherRelied on¶26
[(2014) 9 SCC 653] · Who else cites this
1 provisions across 1 enactments
IBRAHIMKUNJI. M. @ KHALEEL
STATE OF KERALA
1 AJMAL IRSHAD A.
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
