Accused in C.C. No.1434/2022 for offences including Sections 341, 323 and 354-B IPC sought quashing of the charge sheet under Section 482 CrPC. The matter was amicably settled, with affidavits filed by the defacto complainant and CW2, and the Public Prosecutor conceded the settlement.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
CRL.MC NO. 4090 OF 2023
CRIME NO.298/2022 OF CHALAKUDY POLICE STATION, THRISSUR
IN CC NO.1434 OF 2022 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,
CHALAKUDY
PETITIONERS/ACCUSED NOS.1 AND 2:
1 JOFFINS/O GEORGE, AGED 36 YEARS, RESIDING AT MALAKKARAN HOUSE,
KOODAPPUZHA DESOM, CHALAKUDY P.O, THRISSUR DISTRICT,
PIN - 680307
2MISHIL ANIL
W/O ANIL, AGED 34 YEARS, RESIDING AT THEKKAN HOUSE,
PUTHUPARAMBU DESOM, CHALAKUDY EAST, THRISSUR DISTRICT,
PIN - 680307
BY ADVS.
M.M.DEEPA
V.C.SARATH
P.MAYA
RESPONDENTS/STATE/DEFACTO COMPLAINANT & CW2:
1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 SHOBY THOMAS W/O THOMAS, AGED 56 YEARS, RESIDING AT MANJALI HOUSE, CHALAKUDY P.O, THRISSUR DISTRICT, PIN - 6803073 SUBIN THOMASS/O THOMAS, AGED 35 YEARS, RESIDING AT MANJALI HOUSE, CHALAKUDY P.O, THRISSUR DISTRICT, PIN - 680307SR PP - RENJITH GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No. 4090 of 2023
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ORDER
Dated this the 5 th day of April, 2024
This Criminal Miscellaneous Case has been filed by the petitioners under Section 482 of the Code of Criminal Procedure, to quash entire proceedings against the petitioners pursuant to Annexure B charge sheet in C.C. No.1434/2022 on the files of the Judicial First Class Magistrate Court, Chalakkudy.
5 . The learned Public Prosecutor conceded the settlement and recording of statements, in this regard.
Crl.M.C. No. 4090 of 2023
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between the parties, there is no reason to disallow the prayer for quashment. Therefore, in the interest of justice, I am inclined to allow this petition.
In the result, this Criminal Miscellaneous Case stands allowed and entire proceedings against the petitioners pursuant to Annexure B charge sheet in C.C. No.1434/2022 on the files of the Judicial First Class Magistrate Court, Chalakkudy, stand quashed.
Sd/-
A. BADHARUDEEN JUDGE
SK
Crl.M.C. No. 4090 of 2023
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APPENDIX OF CRL.MC 4090/2023
PETITIONER ANNEXURES
Annexure ACERTIFIED COPY OF THE FIR IN CRIME NO:
298/2022 OF CHALAKUDY POLICE STATION
Annexure BCERTIFIED COPY OF THE CHARGE SHEET IN
C.C NO: 1434/2022 OF THE COURT OF THE
JUDICIAL MAGISTRATE OF FIRST CLASS,
CHALAKUDY
Annexure CAFFIDAVIT DATED 29.04.2023 SWORN BY THE
2ND RESPONDENT
Annexure DAFFIDAVIT DATED 29.04.2023 SWORN BY THE
3RD RESPONDENT
RESPONDENTS’ ANNEXURES : NIL
1 issue framed by the court
Whether proceedings under the charge sheet in C.C. No.1434/2022 should be quashed on the basis of an amicable settlement between the parties.
2 provisions across 2 enactments
JOFFIN
MISHIL ANIL
STATE OF KERALA
SHOBY THOMAS
SUBIN THOMAS
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court