The High Court allowed a plea for quashing criminal proceedings under Section 482 Cr.P.C. It held that since the injury victims and accused had settled the personal nature of the offence, there was no point in allowing the prosecution to continue.
Quashing of all further proceedings in C.C. No. 301 of 2003
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 M.N.KRISHNAN
TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931
Crl.MC.No. 1047 of 2009() ------------------------CC.301/2003 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE
PETITIONER(S): ACCUSED NOS.1, 3, 4 AND 5
-----------------------------------------------------
1. EJAS MOHAMMED, AGED 28 YEARS, S/O.ABDUL SHUKOOR, ATHIRA HOUSE, FAROOK COLLEGE P.O.
2. P.ABDUL HAFIZ, AGED 27 YEARS, S/O.USMAN, PUNATHIL HOUSE, NANMANDA P.O., KOZHIKODE DISTRICT.
3. Y.MUNEER, AGED 33 YEARS, S/O.YOOSUFF KUNJU, VALIYAVILAYIL HOUSE, PADINJATEKARA P.O., THEVALAKARA, KOLLAM DISTRICT.
4. MOHAMED THAMIM, AGED 27 YEARS, S/O.USMAN, PUNATHIL HOUSE, NANMANDA P.O., KOZHIKODE DISTRICT.
RESPONDENT(S): COMPLAINANT AND CHARGE WITNESS 1 AND 2 ----------------------------------------------------------------------------
1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, FEROKE POLICE STATION.
2. ARUNLAL, S/O.KUNJIRAMAN, SMRUTHI HOUSE, PATTOTHAKUNNU, P.O.MEPPAYYUR.
3. K.P.AJAYAKUMAR, S/O.VELAYUDHAN, KULATHINGAL PURAYIL HOUSE, P.O.VAZHAKAD, MALAPPURAM DISTRICT.
ADV. SRI.NAVEEN THOMAS FOR R2,3 PUBLIC PROSECUTOR SRI. AMJAD ALI.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 1047 OF 2009 = = = = = = = = = = = = = = = Dated this the 7th day of April, 2009.
O R D E R
This petition is filed with a prayer to quash all further proceedings in C.C.301/03 of Judicial First Class MagistrateV, Kozhikode. Petitioners are accused Nos.1 and 3 to 5 in C.C.301/03 of Judicial First Class Magistrate-V, Kozhikode. They are alleged to have committed offences u/Ss.143, 147,148, 341, 323 r/w S.149 IPC. The injured in the incident are respondents 2 and 3. Affidavits are filed from respondents 2 and 3 to the effect that they have talked over and settled the matter and they have no grievances against the accused. Taking into consideration the dictum laid down in various decisions of the Apex Court it has to be stated that there is no point in permitting the prosecution to continue when the matter has already been settled and they are not offences which affect the society at large but are of a personal nature and it has been talked over and settled by the parties. Therefore taking into consideration these
Crl.M.C. 1047 OF 2009
-:2:-
aspects I invoke S.482 Cr.P.C. and quash all further proceedings in C.C.301/03 of Judicial First Class Magistrate-
V, Kozhikode. Thus the Crl.M.C. is allowed.
M.N. KRISHNAN, JUDGE.
ul/-
1 issue framed by the court
Whether further criminal proceedings should be quashed under S. 482 Cr.P.C. where the parties have settled a private dispute not affecting society at large.
2 provisions across 2 enactments
Ejas Mohammed
P. Abdul Hafiz
Y. Muneer
Mohamed Thamim
State of Kerala
Arunlal
M.N. Krishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
