Accused Nos.2 and 4 sought quashing of the final report in a split-up case after co-accused were acquitted and the matter was settled with the defacto complainant, who filed an affidavit supporting quashing. The Court quashed the final report relying on Gian Singh and Laxmi Narayan.
Annexure-1 final report in C.C.No.325/2020 quashed against petitioners.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
MONDAY, THE 26 TH DAY OF FEBRUARY 2024 / 7TH PHALGUNA, 1945
CRL.MC NO. 4279 OF 2023
CRIME NO.1333/2014 OF Alathur Police Station, Palakkad CC NO.325 OF 2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I, ALATHUR
PETITIONERS/ACCUSED NOS.2 AND 4:
1 HAKKEM, AGED 44 YEARS, S/O.KUNCHUTTI KURUKKAL, ANJANGADI HOUSE, VAVULLYAPURAM, ALATHUR, PALAKKAD, PIN - 678543.2 ASHRAF, AGED 31 YEARS, S/O.KUNCHUTTI KURUKKAL, ANJANGADI HOUSE, VAVULLYAPURAM, ALATHUR, PALAKKAD, PIN - 678543.BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/COMPLAINANT & STATE:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULUM, PIN - 682031.ADDITIONAL R2 IMPLEADED :2 SUBAIDA, AGED 42 YEARS, W/O.ABDUL AZEES, KARUVAPPARAMBU, VAVULYAPURAM, ALATHUR, PALAKKAD 678543.ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 21.02.2023 IN CRL.M.A.NO.2 OF 2023 IN CRL.M.C.NO.4279 OF 2023. BY ADV T.J.MARIA GORETTI
PUBLIC PROSECUTOR SMT.NIMA JACOB
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 26.02.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.4279/2023 2
O R D E R
This Crl.M.C. under Section 482 of Cr.P.C. is filed by accused Nos.2 and 4 in Crime No.1333 of 2014 of Alathur Police Station, Palakkad District, registered under Sections 341, 323, 427, 441, 443, 447, 354 and 506(i) read with Section 34 of IPC, for quashing Annexure-1 final report in C.C.No.325 of 2020, on the file of Judicial First Class Magistrate Court-I, Alathur.
Crl.M.C.No.4279/2023 3
learned counsel for the petitioners would submit that the other accused persons were acquitted by the trial court by judgment dated 25.09.2020 in C.C.No.3758 of 2014. The case against the petitioners herein was split up and refiled as C.C.No.325 of 2020. Now the matter stands settled between the petitioners and the defacto complainant. They produced Annexure-3 affidavit of additional 2nd respondent, endorsing the factum of settlement, and stating that, she has no intention to continue with the prosecution. She has no objection in quashing the proceedings in C.C.No.325 of 2020 pending against the petitioners before Judicial First Class Magistrate Court-I, Alathur.
Crl.M.C.No.4279/2023 4
be served by continuing the prosecution against the petitioners.
In the result, this Crl.M.C. is allowed and Annexure-1 final report in C.C.No.325 of 2020 on the file of Judicial First Class Magistrate Court-I, Alathur, stand quashed, as against the petitioners herein.
Sd/-
SOPHY THOMAS JUDGE
DSV/-
Crl.M.C.No.4279/2023 5
APPENDIX OF CRL.MC 4279/2023
PETITIONERS’ ANNEXURES :
Annexure1 |
CERTIFIEDNO.1333/201 |
COPY4 OF |
OFALAT |
THEHUR |
FINALPOLICE S |
REPORTTATION, |
IN CRIMEPALAKKAD |
|---|---|---|---|---|---|---|---|
Annexure2 |
CERTIFIEDC.C.NO.3758MAGISTRATE25.09.2020. |
CO/201OF |
PY4 OFFIR |
OFTHEST |
THECOURTCLASS-I |
JUDGMOF THE,ALATH |
ENTINJUDICIALURDATED |
Annexure A3 |
THE AFFIDAADDL.2ND RE |
VITSPON |
DATEDENT |
D 0 |
8.12.202 |
3 SWORN |
BY THE |
RESPONDENTS’ ANNEXURES : NIL
1 issue framed by the court
Whether proceedings in the split-up case can be quashed under Section 482 Cr.P.C. on the basis of a settlement between the accused and the defacto complainant?
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherRelied on¶28
(2012) 10 SCC 303 · Who else cites this
State of Madhya Pradesh v. Laxmi Narayan and OthersRelied on¶28
(2019) 5 SCC 688 · Who else cites this
2 provisions across 2 enactments
Hakkem
Ashraf
State of Kerala
Subaida
Sophy Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court