Petition under Section 482 CrPC to quash final report for offences under Sections 323 and 294(b) read with Section 34 IPC. The parties had amicably settled and the defacto complainant and CW2 filed affidavits disclaiming intention to proceed. The Court allowed the petition and quashed the final report and further proceedings.
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 MR. JUSTICE A. BADHARUDEEN
MONDAY, THE 27TH DAY OF MAY 2024 / 6TH JYAISHTA, 1946
CRL.MC NO. 8408 OF 2023
CRIME NO.308/2023 OF MUVATTUPUZHA POLICE STATION, ERNAKULAM
IN CC NO.283 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I MUVATTUPUZHA
PETITIONER/ACCUSED:
AGED 26 YEARS
S/O SALIM,PLAMOOTTIL HOUSE,PUTHUPADY KARA,KOTHAMANGALAM VILLAGE, PIN - 686673
S/O ALIYAR, KUNNUMPURATH HOUSE,PUTHUPADY P.O,PUTHUPADY KAVALA, KOTHAMANGALAMVILLAGE, PIN - 686673
S/O ABOOBACKER,PUTHIRIYIL HOUSE, KANAM KAVALA,KAVUMKARA,VELLORKUNNAM VILLAGE,, PIN - 686673 BY ADVS.
AJEESH M UMMER ASHIDHA SHAMSU
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
W/O ANSAL, VETTIKATTU HOUSE, KIZHAKKEKARA KARA , MUVATTUPUZHA VILLAGE, MUVATTUPUZHA THALUK, ERNAKULAM DISTRICT, PIN - 686661 3 ANSAL AGED 26 YEARS S/O SAINUDHEEN, VETTIKATTU HOUSE, KIZHAKKEKARA KARA , MUVATTUPUZHA VILLAGE, MUVATTUPUZHA THALUK, ERNAKULAM DISTRICT, PIN – 686661
BY ADV. RENJIT GEORGE, SR. PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.05.2024,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C.NO.8408 OF 2023
2
ORDER
Dated this the 27th day of May, 2024
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings pursuant to Annexure-2 Final Report in Crime No.308/2023 of Moovattupuzha Police Station, Ernakulam, now pending as C.C. No.283/2023 on the files of the Judicial First Class Magistrate Court, Muvattupuzha.
CRL.M.C.NO.8408 OF 2023
3
amicably settled and the defacto complainant and CW2 filed affidavits in this regard. They stated in their affidavit that they have no intention to proceed further in this matter.
In the result, this Criminal Miscellaneous Case stands allowed. Annexure-2 Final Report in Crime No.308/2023 of Moovattupuzha Police Station, Ernakulam, now pending as C.C. No.283/2023 on the files of the Judicial First Class Magistrate Court,
CRL.M.C.NO.8408 OF 2023
4
Muvattupuzha and the proceedings thereof stand
quashed.
Sd/-
A. BADHARUDEEN
JUDGE
NB/27-5
CRL.M.C.NO.8408 OF 2023
5
APPENDIX OF CRL.MC 8408/2023
| PETITIONER ANNEXURES | |
|---|---|
| ANNEXURE 1 | A TRUE COPY OF THE F.I.R AND FIS IN 308/2023 OF MUVATTUPUZHA POLICE STATION DATED 14.02.2023 |
| ANNEXURE 2 | A TRUE COPY OF THE FINAL REPORT IN CRIME NO. 308/2023 OF MUVATTUPUZHA POLICE STATION, DATED 15.03.2023 |
| ANNEXURE 3 | AN AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 05.10.2023 HEREIN EVIDENCING THE AFORESAID FACT |
| ANNEXURE 4 | AN AFFIDAVIT SWORN BY THE 03RD RESPONDENT DATED 05.10.2023 HEREIN EVIDENCING THE AFORESAID FACT |
TRUE COPY
P.A. TO JUDGE
1 issue framed by the court
Whether proceedings pursuant to the final report in Crime No.308/2023 could be quashed under Section 482 CrPC given amicable settlement between the parties.
4 provisions across 2 enactments
Mahin Aboobacker
Silsal
Sajeev
State of Kerala
Salfina Samad
Ansal
A. Badharudeen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
