Accused sought quashing of FIR and final report for assault and obscenity charges after amicable settlement with the defacto complainant, who filed an affidavit confirming settlement. Court relied on Gian Singh and Laxmi Narayan to allow the Crl.M.C. and quash the final report.
Annexure-II final report in C.C.No.693 of 2023 quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
WEDNESDAY, THE 6 TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
CRL.MC NO. 7853 OF 2023
CRIME NO.1351/2023 OF Neyyattinkara Police Station,
Thiruvananthapuram
CC NO.693 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,
NEYYATTINKARA
PETITIONER/ACCUSED:
SURESH, AGED 36 YEARS, S/O. SIVASANKARAN,
CHAIKKOTTUKONAM, THIRUVANANTHAPURAM, PIN - 695122.
BY ADVS.
R.V.SREEJITH
G.MAHESWARY
T.RINI
HARIGOVIND S.NAIR
NIDHIN KRISHNA
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031.2 BINDHU, AGED 44 YEARS, D/O SUDHA, RESIDING AT VARUVILAKATHU VEEDU, VLANGAMURI,KADAVATTARAM,NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695121.BY ADV ANAKHA BABU
PUBLIC PROSECUTOR SRI.PRASANTH M.P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 06.03.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.7853/2023 2
O R D E R
This Crl.M.C. under Section 482 of Cr.P.C. is filed by the
sole accused in Crime No.1351 of 2023 of Neyyattinkara
Police Station, Thiruvananthapuram District, registered under Sections 294(b), 323, 324 and 354 of IPC, for quashing Annexure-I FIR and Annexure-II final report in C.C.No.693 of 2023, on the file of Judicial First Class Magistrate Court-I, Neyyattinkara.
Crl.M.C.No.7853/2023 3
continue with the prosecution. She has no objection in quashing the proceedings in C.C.No.693 of 2023 pending against the petitioner before Judicial First Class Magistrate Court-I, Neyyattinkara.
Court is of the view that the proceedings against the petitioner can be quashed on the basis of settlement.
Crl.M.C.No.7853/2023 4
In the result, this Crl.M.C. is allowed and Annexure-II
final report in C.C.No.693 of 2023 on the file of Judicial First Class Magistrate Court-I, Neyyattinkara, stands quashed.
Sd/-
SOPHY THOMAS JUDGE
DSV/-
Crl.M.C.No.7853/2023 5
APPENDIX OF CRL.MC 7853/2023
PETITIONER’S ANNEXURES :
Annexure I THE CERTIFIED COPY OF THE FIRST INFORMATION
REPORT, IN CRIME NO. 1351/2023 OF NEYYATTINKARA
POLICE STATION.
Annexure II THE CERTIFIED COPY OF THE FINAL REPORT SUBMITTED
IN CRIME NO. 1351/2023 OF NEYYATTINKARA
POLICE STATION, WHICH IS NOW PENDING AS C.C.NO.
693 OF 2023 BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT- I, NEYYATTINKARA.
Annexure III THE ORIGINAL OF THE AFFIDAVIT SWORN BY THE 2ND
RESPONDENT BEFORE THE NOTARY PUBLIC.
RESPONDENTS’ ANNEXURES : NIL
1 issue framed by the court
Whether criminal proceedings arising from a settled private dispute between the accused and defacto complainant can be quashed under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherRelied on
(2012) 10 SCC 303) · Who else cites this
State of Madhya Pradesh v. Laxmi Narayan and OthersRelied on
(2019) 5 SCC 688 · Who else cites this
5 provisions across 2 enactments
Suresh
State of Kerala
Bindhu
Sophy Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court