Quashing petition under Section 482 CrPC over offences of assault and obscenity where parties had settled the matter by affidavit; court allowed quashment of all proceedings in the final report as the dispute was personal with no public interest.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
CRL.MC NO. 1077 OF 2017
CRIME NO.84/2014 OF VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM CC NO.451 OF 2014 OF SPECIAL COURT OF JUDICIAL MAGISTRATE OF FIRST
CLASS-XI, THIRUVANANTHAPURAM
PETITIONER/ACCUSED:
VINOD AGED 31 YEARS S/O. MURALI, T.C 31/1259, MNRA-114, THIRUVATHIRA, MANAVA NAGAR,CHACKAI WARD, PETTAH VILLAGE, THIRUVANANTHAPURAM.
BY ADV SRI.SHAJIN S.HAMEED
RESPONDENTS/STATE & CW1:
1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, VANCHIYOOR POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 SHAILA D/O. FATHIMA BEEVI, PRESENTLY RESIDING AT TC 76/1098, BSR-K-70, BHAGATH SINGH ROAD, KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM, PIN CODE - 695 029, PERMANENTLY RESIDING AT THARA 58 A, THAZHASSERY, PALKULANGARA, PETTAH VILALGE, THIRUVANANTHAPURAM.
BY ADVS. SRI.GEORGE MECHERIL SRI.JUSTINE JACOB SRI.M.P.PRASANTH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC.CASE HAVING BEEN FINALLY HEARD ON 12.04.2024 AND THE COURT ON 20.05.2024 PASSED THE FOLLOWING:
CRL.MC NO. 1077 OF 2017
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O R D E R
Dated this the 20th day of May, 2024
This criminal miscellaneous case has been filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings in Annexure-B Final Report in Crime No.255/2014 of Vanchiyoor Police Station, now pending as C.C.No.451/2014 before the Judicial First Class Magistrate Court-XI, Thiruvananthapuram. Petitioner herein is the sole accused in the above case.
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CRL.MC NO. 1077 OF 2017
matter has been settled between the parties and statement of the defacto complainant to that effect has been recorded.
In the result, this Criminal Miscellaneous Case stands allowed. All further proceedings in Annexure-B Final Report in Crime No.255/2014 of Vanchiyoor Police Station, now pending as C.C.No.451/2014 before the Judicial First Class Magistrate Court-XI, Thiruvananthapuram, against the petitioner stand quashed.
Sd/A. BADHARUDEEN JUDGE
nkr
CRL.MC NO. 1077 OF 2017
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APPENDIX OF CRL.MC 1077/2017
PETITIONER ANNEXURES
ANNEXURE - A CERTIFIED COPY OF THE FIR IN CRIME NO. 84/2014 OF VANCHIYOOR POLICE STATION.
ANNEXURE - B CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.255/2014 OF VANCHIYOOR POLICE STATION.
ANNEXURE - C CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.84/2014 OF VANCHIYOOR POLICE STATION.
ANNEXURE - D AFFIDAVIT SWORN AND EXECUTED BY THE 2ND RESPONDENT.
RESPONDENTS' ANNEXURES : NIL
1 issue framed by the court
Should proceedings against the accused be quashed given settlement of the dispute between parties?
6 provisions across 2 enactments
Vinod
State of Kerala
Shaila
A. Badharudeen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
