The court allowed a criminal miscellaneous petition and quashed a final criminal report in a case involving child abandonment. The court noted the matter was settled, supported by an affidavit from the complainant, and relied on precedents to dismiss the prosecution.
Annexure-A2 final report in CP.No.137/2023 stands 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
THURSDAY, THE 14TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945
CRL.MC NO. 5851 OF 2023
CRIME NO.35/2021 OF Bedakom Police Station, Kasargod
AGAINST THE ORDER/JUDGMENT IN CP NO.137 OF 2023 OF JUDICIAL
MAGISTRATE OF FIRST CLASS-I,KASARAGOD
PETITIONER/ACCUSED:
1 XXXXXXXXXXXXXXXXXXXX XXXXXXXXXX2 UNNIKRISHNANAGED 38 YEARSS/O.VAMANAN, RESIDING AT VATTAPPARA HOUSE, MUNNAD POST, KASARAGOD TALUK, KASARAGOD DISTRICT, PIN - 671541 BY ADVS.T.MADHU
C.R.SARADAMANI
RESPONDENTS/STATE, DEFACTO COMPLAINANT AND COMPLAINANT:
1 STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 6820312 XXXXXXXXXXXXXXXXXXXX XXXXXXXXXX3 THE STATION HOUSE OFFICER BEDAKOM POLICE STATION, KASARAGOD DISTRICT, PIN - 671541BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
PP-SRI.PRASANTH M.P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO.5851 OF 2023
2
ORDER
This Crl.M.C. under Section 482 of Cr.P.C. is filed by accused Nos.1 and 2 in Crime No.35/2021 of Bedakom Police Station, Kasaragod, registered under Section 317 read with Section 109 of IPC and Sections 75 and 87 of the Juvenile Justice (Care and Protection of Children) Act, 2015, for quashing Annexure A2 final report in CP.No.137/2023, on the file of Judicial First Class Magistrate Court-I, Kasaragod.
CRL.MC NO.5851 OF 2023
3
Judicial First Class Magistrate Court-I, Kasaragod.
In the result, this Crl.M.C. is allowed and Annexure-A2 final report in CP.No.137/2023, on the file of Judicial First Class Magistrate Court-I, Kasaragod, stands quashed.
Sd/- SOPHY THOMAS JUDGE
ska
CRL.MC NO.5851 OF 2023
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APPENDIX OF CRL.MC NO. 5851 OF 2023
PETITIONER ANNEXURES
Annexure A1THE CERTIFIED COPY OF THE FIR DATED 28/1/2021
IN CRIME NO.35/2021 OF BEDAKOM POLICE STATION
Annexure A2THE CERTIFIED COPY OF THE FINAL REPORT DATED
28/2/2021 IN CRIME NO.35/2021 OF BEDAKOM
POLICE STATION
Annexure A3THE AFFIDAVIT DATED 24/6/2023 SWORN IN BY THE
SECOND RESPONDENT
1 issue framed by the court
Whether proceedings under Section 317 and 109 of IPC for abandonment of children can be quashed upon settlement and affidavit from the complainant.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherExplained¶38
Gian Singh v. State of Punjab and Another; [(2012) 10 SCC 303] · Who else cites this
State of Madhya Pradesh v. Laxmi Narayan and OthersExplained¶38
State of Madhya Pradesh v. Laxmi Narayan and Others; [(2019) 5 SCC 688] · Who else cites this
3 provisions across 3 enactments
UNNIKRISHNAN [Accused 2]
STATE OF KERALA
SOPHY THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court