The High Court of Kerala allowed a petition under Section 482 CrPC to quash criminal proceedings initiated under IPC Sections 380 and 34, noting the dispute was amicably settled and the complainant indicated no further intention to proceed.
All further proceedings in Crime No.1399/2023 of Nemom Police Station, Thiruvananthapuram stand quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
CRL.MC NO. 659 OF 2024
CRIME NO.1399/2023 OF NEMOM POLICE STATION, THIRUVANANTHAPURAM PETITIONER/2ND ACCUSED:
AJAY MOHAN AGED 25 YEARS S/O MOHANAN K, TC 53/808, KEEZHECHERUVILA VEEDU, PERAKONAM, PAPPANAMCODE, THIRUVANANTHAPURAM DISTRICT, PIN - 695018
BY ADV LATHEESH SEBASTIAN
RESPONDENTS/STATE & COMPLAINANT & INJURED:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER NEMOM POLICE STATION, THIRUVANANTHAPURAM DISTRICT, PIN - 695020
3 RASHEEDA BIBI AGED 59 YEARS D/O BEEMA BIBI, THEKKINAKATHU SHLIYA MANZIL, RAILWAY STATION ROAD, PRAVACHAMBALAM, THIRUVANANTHAPURAM, PIN - 695020
BY ADV NEETHU S.
SRI. M P PRASANTH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 659 OF 2024
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O R D E R
Dated this the 5th day of June, 2024
This Criminal Miscellaneous Case has been filed under
Section 482 of the Code of Criminal Procedure, 1973, to quash Crime No.1399/2023 of Nemom Police Station, Thiruvananthapuram. The petitioner herein is the 2nd accused in the above crime.
380 read with Section 34 of IPC is alleged to have been committed by the accused.
settled and the de facto complainant filed affidavit in this regard. The de facto complainant stated in the affidavit that she has no intention to proceed further in this matter.
CRL.MC NO. 659 OF 2024
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the matter has been settled between the parties and statement of the de facto complainant to that effect has been recorded.
In the result, this petition stands allowed and all further proceedings in Crime No.1399/2023 of Nemom Police Station, Thiruvananthapuram, stand quashed.
Sd/A. BADHARUDEEN JUDGE
nkr
CRL.MC NO. 659 OF 2024
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APPENDIX OF CRL.MC 659/2024
PETITIONER ANNEXURES
ANNEXURE 1 CERTIFIED COPY OF THE FIR CRIME NO 1399/2023 OF NEMOM POLICE STATION, THIRUVANANTHAPURAM DISTRICT ANNEXURE 2 ORIGINAL AFFIDAVIT OF THE 3RD RESPONDENT
RESPODENTS ANNEXURES : NIL
1 issue framed by the court
Whether the petition under Section 482 CrPC to quash criminal proceedings should be allowed given the settlement between parties and cessation of prosecution intent.
2 provisions across 2 enactments
AJAY MOHAN
STATE OF KERALA
RASHEEDA BIBI
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
