MUVATTUPUZHA v. STATE OF KERALA
Case at a glance
Outcome
Allowed
In the result, this petition stands allowed
Provisions considered
Key paragraphs
- Para 66. Since the matter, involving minor offences, has been settled, there is no reason to disallow the prayer for quashment so as to retain them in hazards of litigation. Therefore, in the interest of justice, I am inclined to allow this petition. In the result…
Judgment
FIR NO.2285 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I PETITIONER: MUVATTUPUZHA ASSAINAR THARAKAN AGED 57 YEARS S/O. ABULLA MOULAVI, PRINCIPAL ILAHIA PUBLIC SCHOOL, VALLORKUNNAM VILLAGE, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686673 BY ADV P.M.SANEER RESPONDENTS: 1 2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX R1 BY SR.PUBLIC PROSECUTOR SRI.RENJIT GEORGE THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
12.04.2024, THE COURT ON 20.5.2024 PASSED THE FOLLOWING: CRL.MC NO. 2098 OF 2024 2
O R D E R Dated this the 20th day of May, 2024 This criminal miscellaneous case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure A First Information Report and all further proceedings in crime No.2285/2023 of Muvattupuzha police station, Ernakulam (now pending before the JFCM Court – I, Muvattupuzha).
Heard the learned counsel for the petitioner, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor.
In this matter, offences punishable under Sections 341 and 323 of IPC and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015, are alleged to have been committed by the accused.
An affidavit sworn by the father of the de facto complainant, who is a minor, has been placed stating that the matter has been settled in between them and he has no CRL.MC NO. 2098 OF 2024 3 grievance in the matter of quashing the proceedings.
The learned Public Prosecutor also submitted that the matter has been settled between the parties and statement of the de facto complainant’s father to that effect has been recorded.
Operative part
Since the matter, involving minor offences, has been settled, there is no reason to disallow the prayer for quashment so as to retain them in hazards of litigation. Therefore, in the interest of justice, I am inclined to allow this petition. In the result, this petition stands allowed. Annexure A First Information Report and all further proceedings in crime No.2285/2023 of Muvattupuzha police station, Ernakulam (now pending before the JFCM Court – I, Muvattupuzha), stand quashed. Sd/- A. BADHARUDEEN JUDGE Bb CRL.MC NO. 2098 OF 2024 4 APPENDIX OF CRL.MC 2098/2024 PETITIONER’S ANNEXURES ANNEXURE A ANNEXURE B THE CERTIFIED COPY OF THE FIR IN CRIME NO.2285/2023 OF MUVATTUPUZHA POLICE STATION. THE ORIGINAL AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT DEFACTO COMPLAINANT. RESPONDENTS’ ANNEXURES NIL
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In the result, this petition stands allowed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 482; Indian Penal Code, 1860 — ss. 323, 341; Juvenile Justice (Care and Protection of Children) Act, 2015 — s. 75.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.