The Court quashed criminal proceedings under Section 308 IPC in Crl.MC. No. 1166 of 2009. It allowed the petition arguing that the dispute was personal and settled, and the possibility of successful prosecution was bleak despite the offence not being compoundable.
C.P. 2/2009 and proceedings under Crime No. 1118/2008 are quashed.
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.SASIDHARAN NAMBIAR
FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931
Crl.MC.No. 1166 of 2009()
----------------------------------CRIME NO.1118/2008 OF HILL PALACE POLICE STATION, TRIPUNITHURA
PETITIONER/ACCUSED:
---------------------------------
JOSE GEORGE, S/O.GEORGE, MANIYAMKOTTU, KAITHAKOTTIL HOUSE, THIRUVAMKULAM, IRUMPANAM P.O., ERNAKULAM.
BY ADV. MR.K.P.MADHU
RESPONDENT(S):
-------------------------
1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
2. BABY VARGHESE, S/O.CHUMMAR, PLACKIYIL HOUSE, KOLLAMPADY, THIRUVAMKULAM, IRUMPANAM P.O., ERNAKULAM.
R1 BY PUBLIC PROSECUTOR MR.GIKKU JACOB R2 BY ADV. SRI.VINOD KUMAR NAMBIAR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
M.SASIDHARAN NAMBIAR,J.
===========================
CRL.M.C.No.1166 OF 2009
===========================
Dated this the 19th day of June,2009
ORDER
This petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that the original of Annexure A2 petition was submitted before Sub Inspector of Police, Hill Palace Police Station, Tripunithura on 29.9.2008 within three days of furnishing the First Information Statement and when the dispute was settled with the second respondent the injured and the offence alleged against the petitioner is purely personal against the second respondent, in the interest of justice it is to be quashed.
represented by a counsel. An offence under section 308 of Indian Penal Code is not compoundable and therefore
Crl.M.C.1166/2009
2
permission cannot be granted to compound the offence as sought for.
M.SASIDHARAN NAMBIAR JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
W.P.(C).NO. /06
--------------------JUDGMENT
SEPTEMBER,2006
1 issue framed by the court
Whether the criminal proceedings should be quashed in light of a settlement and the personal nature of the dispute despite the offence under Section 308 IPC being non-compoundable.
3 provisions across 2 enactments
Jose George
State of Kerala
Baby Varghese
M. Sasidharan Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
