Allowed

Narayanan v. Raji Suresh

Kerala HC5 Jun 2024Crl.MC/3213/2023

Case brief

AI extract

What is this about?

Petition under Section 482 CrPC sought quashing of a final report for offences under Section 354 IPC and the SC/ST (Prevention of Atrocities) Act. The de facto complainant filed an affidavit stating she did not wish to proceed, and settlement was confirmed. The High Court allowed the petition and quashed all proceedings.

What did the court decide?

Annexure A3 Final Report and all further proceedings in S.C.No.532/2018 arising from Crime No.1624/2016 quashed.

Narayanan Vs Raji Suresh — Caste Atrocities | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

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WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946

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CRL.MC NO. 3213 OF 2023

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CRIME NO.1624/2016 OF ERNAKULAM SOUTH POLICE STATION,

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ERNAKULAM

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SC NO.532 OF 2018 OF SESSIONS COURT, ERNAKULAM

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PETITIONER:

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NARAYANAN

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AGED 48 YEARS

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ALAZHATH HOUSE, NEAR PADAM STOP, VIVEK NAGAR
KADAVANTHRA P.O., ELAMKULAM VILLAGE, ERNAKULAM
DISTRICT, PIN - 682020

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BY ADVS.
IEANS.C.CHAMAKKALA
BINU B.SAMUEL

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RESPONDENTS/STATE:

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1RAJI SURESH
AGED 41 YEARS
CHENNARA HOUSE NEXT TO DREAM FLOWER FLAT, NEAR
PADAM STOP, K P VALLON ROAD, KADAVANTHARA P.O,
ELAMKULAM VILLAGE, ERNAKULAM DISTRICT., PIN -
682020

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2STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031

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R1 BY ADV P.VIPIN KUMAR

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R2 BY PUBLIC PROSECUTOR SRI.M.P.PRASANTH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO.3213 OF 2023 2

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ORDER

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Dated this the 5^th day of June, 2024

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This Criminal Miscellaneous Case has been filed under

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Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure A3 Final Report and all further proceedings in S.C.No.532/2018 on the files of the Sessions Court, Ernakulam, arose out of Crime No.1624/2016 of Ernakulam South police station.

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Heard the learned counsel for the petitioner, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor.

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In this matter, prosecution alleges commission of offences punishable under Section 354(A)(i)(ii) of the IPC and Section 3(i)(r)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, against the accused.

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It is submitted that the matter has been amicably settled and the de facto complainant filed affidavit in this regard. The de facto complainant stated in the affidavit that

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CRL.MC NO.3213 OF 2023 3

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she has no intention to proceed further in this matter.

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The learned Public Prosecutor also submitted that

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the matter has been settled between the parties and statement of the de facto complainant to that effect has been recorded.

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Since the matter has been amicably settled between 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.

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In the result, this Criminal Miscellaneous Case stands allowed. Annexure A3 Final Report and all further proceedings in S.C.No.532/2018 on the files of the Sessions Court, Ernakulam, arose out of Crime No.1624/2016 of Ernakulam South police station, stand quashed.

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Sd/- A. BADHARUDEEN JUDGE

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CRL.MC NO.3213 OF 2023 4

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APPENDIX OF CRL.MC 3213/2023

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PETITIONER’S ANNEXURES

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ANNEXURE A1CERTIFIED COPY OF THE COMPLAINT IN CRIME
NO.1624/2016 OF ERNAKULAM TOWN SOUTH
POLICE STATION
ANNEXURE A2CERTIFIED COPY OF THE F.I.R IN CRIME NO.
1624/2016 OF ERNAKULAM TOWN SOUTH POLICE
STATION
ANNEXURE A3CERTIFIED COPY OF THE CHARGE SHEET IN
S.C.NO.532/2018 OF THE SESSIONS COURT,
ERNAKULAM
ANNEXURE A4AN AFFIDAVIT SWORN IN BY THE RESPONDENT
NO. 1
RESPONDENTS’ ANNEXURES : NIL

Narayanan v. Raji Suresh

Case brief

What is this about?

What did the court decide?

Narayanan v. Raji Suresh

Case brief

What is this about?

What did the court decide?

What the court decided

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