Quashing petition under Section 482 Cr.P.C by the sole accused in a gold chain theft case after settlement with the defacto complainant. Relying on Gian Singh and allied decisions and a verified affidavit of the complainant, the court quashed all proceedings.
All proceedings against the petitioner in Crime No.1851/2023 of Perinthalmanna Police Station quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 21ST DAY OF FEBRUARY 2024 / 2ND PHALGUNA, 1945
CRL.MC NO. 573 OF 2024
CRIME NO.1851/2023 OF PERINTHALMANNA POLICE STATION, MALAPPURAM
PETITIONER/ACCUSED:
RENUKA
AGED 23 YEARS
D/0 SANKAR,
III /A,SAMADIYANKULA STREET,
CHEYYAR, THIRUVANNAMALAI,
KANCHIPURAM,TAMILNADU, PIN – 604407
BY ADVS.
AMAL PARTHASARADHY
GIBI.C.GEORGE
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 6820312ABDULKHADER
AGED 47 YEARS
S/O MOIDU,
CHENANKARA,CHERAKKAPARAMBA,
AMALAPPURAM, PIN – 679321
BY ADV LATHA SUSAN CHERIAN
OTHER PRESENT
SRI. ASHI.M.C
PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
-:2:-
Crl.M.C.No.573 of 2024
BECHU KURIAN THOMAS, J. --------------------------------------Crl.M.C.No.573 of 2024
Dated this the 21st day of February, 2024
ORDER
Petitioner has invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against him.
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Crl.M.C.No.573 of 2024
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS JUDGE
Jka/21.02.24.
Crl.M.C.No.573 of 2024
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APPENDIX OF CRL.MC 573/2024
PETITIONER’S ANNEXURES
Annexure 1CERTIFIED COPY OF F.I.R. IN CRIME NO
1851/2023OFPERINTHALMANNAPOLICE
STATION.
Annexure 2CERTIFIED COPY OF THE ORDER DATED 21ST
DECEMBER 2023 BY THE JUDICIAL FIRST CLASS
MAGISTRATE -I, PERINTHALMANNA IN CMP
132/24.
Annexure 3AFFIDAVIT DATED 10TH JANUARY 2024 SWORN BY
THE 2ND RESPONDENT.
1 issue framed by the court
Whether proceedings under Section 380 IPC could be quashed under Section 482 Cr.P.C on the basis of settlement between accused and defacto complainant.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherRelied on¶27
(2012) 10 SCC 303 · Who else cites this
Narinder Singh and Others v. State of Punjab and AnotherRelied on¶27
(2014) 6 SCC 466 · Who else cites this
Yogendra Yadav and Others v. State of Jharkhand and AnotherRelied on¶27
(2014) 9 SCC 653 · Who else cites this
2 provisions across 2 enactments
RENUKA
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA
ABDULKHADER
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court