Petitioners sought quashing of the final report in a case involving offences under Sections 323, 354, 451, 506(1) and 34 IPC, based on amicable settlement with aggrieved persons who filed affidavits expressing no wish to continue. The court allowed the petition.
Annexure A1 Final Report and all further proceedings in C.C.No.303/2020 stand 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 A. BADHARUDEEN
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
CRL.MC NO. 10080 OF 2023
CRIME NO.1189/2019 OF AIROOR POLICE STATION,
THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.303 OF 2020 OF
JUDICIAL MAGISTRATE OF FIRST CLASS-I,VARKALA
PETITIONERS/ACCUSED:
1ARUN @ UNNI, AGED 37 YEARS
S/O MOHAN KUMAR, PUSHPAGIRI HOUSE, NEAR SREE RAMA
SWAMI TEMPLE, VELINELOOR, KALLUVATHIKKAL, KOLLAM
DISTRICT, PIN – 691574.
2 AKSHY SUNDHAR @ AKSHAY, AGED 26 YEARS S/O SUNDHARAN, AKSHAY BHAVAN, NEAR SREE RAMA SWAMI TEMPLE, VELINELOOR, KALLUVATHIKKAL, KOLLAM DISTRICT, PIN - 691574BY ADV LATHEESH SEBASTIAN
RESPONDENTS/STATE & INJURED:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031.2 STATION HOUSE OFFICER AYIROOR POLICE STATION, THIRUVANANTHAPURAM, PIN – 689611.3 GEEJA ASHOKAN, AGED 45 YEARS, W/O ASHOKHAN, KARTHIKA, ELAKAMON P.O, AYIROOR VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM, PIN - 6953104 AKHIL @ KANNAN, AGED 24 YEARS S/O ASHOK KUMAR, KARTHIKA, ELAKAMON P.O, AYIROOR VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM, PIN – 695310.5 ARCHA, AGED 28 YEARS D/O GEEJA, KARTHIKA, ELAKAMON P.O, AYIROOR VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM, PIN – 695310.CRL.MC No.10080 0f 2023 2
6KAMALA, AGED 81 YEARS
D/O BHARATHI, KARTHIKA, ELAKAMON P.O, AYIROOR
VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM, PIN
– 695310.
BY ADV NEETHU S.
SENIOR PUBLIC PROSECUTOR SRI RENJIT GEORGE
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD
ON 22.05.2024, THE COURT ON 05.06.2024 PASSED THE
FOLLOWING:
CRL.MC No.10080 0f 2023 3
A. BADHARUDEEN, J.
================================
Crl.M.C No.10080 of 2023-H
================================
Dated this the 5 th day of June, 2024
O R D E R
This criminal miscellaneous case has been filed under
Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure 1 Final Repor t and all further proceedings in C.C.No.303/2020 on the files of the Judicial First Class Magistrate Court-I, Varkala, arose out of Crime No.1189/2019 of Ayiroor Police Station, Thiruvananthapuram.
o ffence punishable under Sec tions 323, 354, 451, 506(1) and 34
CRL.MC No.10080 0f 2023 4
of the Indian Penal Code.
the matter has been settled between the parties and the statements of CW1 to CW3 to that effect have been recorded, though the statement of CW4, another aggrieved person, could not be recorded, since she died on 19.10.2023.
the parties, there is no reason to disallow the prayer for quashment so as to retain them in hazards of litigation. Therefore, in the interest of justice, I am inclined to allow this petition.
In the result, this Criminal Miscellaneous Case stands allowed. Annexure A1 Final Report and all further proceedings
CRL.MC No.10080 0f 2023 5
in C.C.No303/2020 on the files of the Judicial First Class
Magistrate Court-I, Varkala, arose out of Crime No.1189/2019 of Ayiroor Police Station, Thiruvananthapuram, stand quashed.
Sd/-
( A. BADHARUDEEN, JUDGE )
rtr/
CRL.MC No.10080 0f 2023 6
APPENDIX OF CRL.MC 10080/2023
PETITIONERS’ ANNEXURES
Annexure 1TRUE COPY OF THE FINAL REPORT OF THE
2ND RESPONDENT IN CRIME NO 1189/2019
OFAYIROORPOLICESTATION,
THIRUVANANTHAPURAM DISTRICT.
Annexure 2ORIGINAL OF THE AFFIDAVIT EXECUTED BY
THE 3RD RESPONDENT
Annexure 3ORIGINAL OF THE AFFIDAVIT EXECUTED BY
THE 4TH RESPONDENT
Annexure 4ORIGINAL OF THE AFFIDAVIT EXECUTED BY
THE 5TH RESPONDENT
Annexure 5ORIGINAL OF THE AFFIDAVIT EXECUTED BY
THE 6TH RESPONDENT
1 issue framed by the court
Should the final report and further proceedings in C.C. No.303/2020 be quashed on the basis of an amicable settlement between the parties?
2 provisions across 2 enactments
Arun @ Unni
Akshy Sundhar @ Akshay
State of Kerala
Station House Officer Ayiroor Police Station
Geeja Ashokan
Akhil @ Kannan
A. Badharudeen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court