Accused sought quashing of FIR and final report under Sections 341/323 IPC after settlement with the defacto complainant, who affirmed the settlement by affidavit. Court quashed proceedings in C.C.No.724/2022 relying on Gian Singh and Laxmi Narayan.
Annexure-A2 final report in C.C.No.724 of 2022 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 MRS. JUSTICE SOPHY THOMAS
WEDNESDAY, THE 6 TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
CRL.MC NO. 3240 OF 2023
CRIME NO.51/2018 OF Anthikad Police Station, Thrissur
CC NO.724 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS
-II, THRISSUR
PETITIONER/ACCUSED:
LINDA ABHILASH, AGED 33 YEARS,
W/O.ABHILASH, VELEKKATTU HOUSE, PERINGOTTU KARA, ANTHIKKAD,
THRISSUR, PIN - 680571.
BY ADVS.
C.A.CHACKO
C.M.CHARISMA
RESPONDENTS/COMPLAINANT & DEFACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.2 MEENA, AGED 55 YEARS
W/O.SUNILKUMAR, VELEKKATTU HOUSE, PERINGOTTU KARA,
KIZHAKKUMURI VILLAGE, ANTHIKKAD, THRISSUR, PIN - 680571.
SR.PUBLIC PROSECUTOR SRI.RENJIT GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 06.03.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.3240/2023 2
O R D E R
This Crl.M.C. under Section 482 of Cr.P.C. is filed by the
sole accused in Crime No.51 of 2018 of Anthikkad Police Station, Thrissur District, registered under Sections 341 and 323 of IPC, for quashing Annexure-A1 FIR and Annexure-A2 final report in C.C.No.724 of 2022, on the file of Judicial First Class Magistrate Court-II, Thrissur.
Crl.M.C.No.3240/2023 3
quashing the proceedings in C.C.No.724 of 2022 pending against the petitioner before Judicial First Class Magistrate Court-II, Thrissur.
submitted that the matter has been settled, and he produced signed statement of the 2nd respondent, stating that the matter is settled and she has no objection in quashing the proceedings in C.C.No.724 of 2022.
be served by continuing the prosecution against the petitioner.
Crl.M.C.No.3240/2023 4
In the result, this Crl.M.C. is allowed and Annexure-A2
final report in C.C.No.724 of 2022 on the file of Judicial First
Class Magistrate Court-II, Thrissur, stands quashed.
Sd/-
SOPHY THOMAS JUDGE
DSV/-
Crl.M.C.No.3240/2023 5
APPENDIX OF CRL.MC 3240/2023
PETITIONER’S ANNEXURES :
Annexure A1 TRUE COPY OF FIR IN CRIME NO.51/2018 OF ANTHIKKAD POLICE STATION DATED 15/1/2018 ALONG WITH FIS.Annexure A2 TRUE COPY OF FINAL REPORT IN CRIME NO.51/2018 OF ANTHIKKAD POLICE STATION DATED 30/1/2018.Annexure A3 AFFIDAVIT DATED 22/7/2022 OF 2ND RESPONDENT. RESPONDENTS’ ANNEXURES : NIL
1 issue framed by the court
Can FIR and final report in a non-compoundable-offence case be quashed on the basis of a settlement between accused and defacto complainant?
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherRelied on¶6
(2012) 10 SCC 303 · Who else cites this
State of Madhya Pradesh v. Laxmi Narayan and OthersRelied on¶6
(2019) 5 SCC 688 · Who else cites this
3 provisions across 2 enactments
Linda Abhilash
State of Kerala
Meena
Sophy Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court