The High Court of Kerala allowed a criminal miscellaneous petition under Section 482 CrPC. Based on the settlement between the de facto complainant and the accused petitioners and the Public Prosecutor's submission, the Court quashed the criminal proceedings.
All further proceedings in CC No.823/2018 against petitioners 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
MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
CRL.MC NO. 3272 OF 2018
CRIME NO.84/2014 OF VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM
CC NO.823 OF 2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,
THIRUVANANTHAPURAM
PETITIONERS/ACCUSED NOS.2 TO 4:
1 SHAJI
AGED 53 YEARS, EMPLOYED ABROAD TC 31/1177 THARA THAZHASHERRY THIRUVANANTHAPURAM-695 024
2 SHAKEER KHAN AGED 48 YEARS S/O ABDURAHIMAN, EMPLOYED ABROAD TC 31/1177 THARA-58 THIRUVANANTHAPURAM-695 024
3 SHANAWAS AGED 44 YEARS S/O ABDURAHIMAN, EMPLOYED ABROAD, RESIDING AT PALKULANGARA MANZIL, TC 31/1177 THAZHASHERRY, THIRUVANANTHAPURAM-695 024
BY ADVS. SRI.T.ASAFALI SMT.LALIZA.T.Y.
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA (SHO, VANCHIYOOR POLICE STATION) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.
2 VINOD AGED 32 YEARS, S/O MURALI, TC 31/1259, MNRA-114, THIRUVATHIRA, MANAVA NAGAR, CHAKAI WARD, POST PETTAH VILLAGE, THIRUVANANTHAPURAM-695 024.
BY ADVS. SRI.SHAJIN S.HAMEED
SRI.RENJIT GEORGE, SR.PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 11.04.2024 AND THE COURT ON 20.05.2024 PASSED THE FOLLOWING:
CRL.MC NO. 3272 OF 2018
2
O R D E R
Dated this the 20th day of May, 2024
This criminal miscellaneous case has been filed by the petitioners under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings in re.C.C.No.823/2018 on the files of the Judicial First Class Magistrate Court-XI, Thiruvananthapuram, arose out of crime No.84/2014 of Vanchiyoor Police Station. Petitioners herein accused Nos.2 to 4 in the above case.
CRL.MC NO. 3272 OF 2018
3
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 re.C.C.No.823/2018 on the files of the Judicial First Class Magistrate Court-XI, Thiruvananthapuram, arose out of crime No.84/2014 of Vanchiyoor Police Station, against the petitioners stand quashed.
Sd/A. BADHARUDEEN JUDGE
nkr
4
CRL.MC NO. 3272 OF 2018
APPENDIX OF CRL.MC 3272/2018
PETITIONER ANNEXURES
ANNEXURE - A1 CERTIFIED COPY OF THE FIRST INFORMATION STATEMENT DATED 17.1.2014 IN FIR NO. 84/2014 ANNEXURE - A2 CERTIFIED COPY OF THE FIR NO. 84/2014 DT. 17.1.2014 ANNEXURE - A3 CERTIFIED COPY OF THE CHARGE SHEET DT. (NOT LEGIBLE) IN CC NO. 823/2018 BEFORE THE ADDL. CHIEF JUDL, 1ST CLASS MAGISTRATE COURT, THIRUVANANTHAPURAM NO. II ANNEXURE - A4 A TRUE COPY OF THE PASSPORT NO. H2332353 DT.7.4.2009 OF 3RD PETITIONER ANNEXURE - A5 A TRUE COPY OF THE RECEIPT DT. 20.1.2014 ANNEXURE - A6 A TRUE COPY OF THE COMPLAINT DT. 17.2.2014 BEFORE THE ADDL. CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM ANNEXURE - A7 ATTESTED COPY OF THE FIR NO.255/2014 DT. 18.2.2014 OF THE VANCHIYOOR POLICE STATION ANNEXURE - A8 A TRUE COPY OF THE CHARGE SHEET DT. NIL IN CRIME NO. 255/2014 OF VANCHIYOOR POLICE STATION ANNEXURE A9 SWORN AFFIDAVIT OF VINOD S/O MURALI AND HIS WIFE SARONJINI RAMAN IN PROOF OF SETTLEMENT OF THE CASE NO.823/2018[FIR NO.84/2014 OF VANCHIYOOR PS] ON THE FILE OF THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE NO.11, THIRUVANANTHAPURAM.
RESPONDENTS' ANNEXURES : NIL
1 issue framed by the court
Whether criminal proceedings should be quashed given that the matter has been settled between the parties.
2 provisions across 2 enactments
SHAJI
SHAKEER KHAN
SHANAWAS
STATE OF KERALA
VINOD
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
