The High Court of Kerala, allowing a Criminal Misc. Petition, quashed the criminal proceedings initiated against two accused persons based on an amicable settlement with the complainants, relying on Apex Court precedents.
Annexure-3 Final Report and proceedings in C.C.2739/2008 on the file of Judicial First Class Magistrate, Irinjalakuda 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 THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 Crl.MC.No. 2119 of 2009 ------------------------------CRIME NO. 281/2008 OF PUDUKAD POLICE STATION, CC.2739/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA
PETITIONER(S): ACCUSED 1 & 2
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1. DIVYA JOSHY, WO JOSHY, 27 YEARS, CHERAMBATH HOUSE, MULANGE DESOM THOTTIPAL VILLAGE, THRISSUR DIST.
2. JOSHY , S/O.MATHEW, AGED 28 YEARS, CHERAMBATH HOUSE, MULANGE DESOM, THOTTIPAL VILLAGE, THRISSUR DIST.
BY ADV. SRI.RAJESH CHAKYAT
2. DEVENDRAN @ UNNI, S/O.BHARATHY AMMA, AGED 42 YEARS, ORIYAMPURATHU HOUSE, POOKUNNAM DESOM, THRISSUR.
3. THE CIRCLE INSPECTOR OF POLICE, PUDUKAD, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
*ADDL. R4 IS IMPLEADED AS PER ORDER DATED 06/08/2009 IN CRL. M.A 4294/2009.
ADV. SRI.A.A.BIJU FOR R1, R2 AND R4 PUBLIC PROSECUTOR SRI. AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
M.SASIDHARAN NAMBIAR,J.
CRL.M.C.NO.2119 OF 2009
Dated 6th August 2009
O R D E R
Petitioners are accused in C.C.2739/2008 on
the file of Judicial First Class Magistrate, Irinjalakuda taken cognizance for the offence under Sections 420 and 506(ii) read with Section 34 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-3 final report and the proceedings initiated, contending that dispute with the respondents who were cheated and intimidated were settled amicably. Respondent No.2 appeared through a counsel and filed a joint statement with the petitioner. Respondent No.4 filed an affidavit stating that the disputes were settled with petitioners and they have no grievance at present as against petitioners and therefore they have no objection for quashing the proceedings.
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CRMC 2119/09
petitioner, respondents 2 and 4 and learned Public Prosecutor were heard.
(2008 (4) KLT 417 (SC) ) and Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC) when the case as against petitioners is that they committed offences, which are of personal in nature as against respondents 2 and 4 and it is clear that there was amicable settlement of the dispute with respondents 2 and 4, it is not in the interest of justice to continue the proceedings. Even if petitioners are to be tried, in the light of the settlement, there is no likelihood of a successful prosecution. In such circumstances, it would only result in unnecessary waste of valuable time of the court. In the interest of justice, C.C.2739/2008 on the file of Judicial First Class Magistrate, Irinjalakuda is to be quashed.
CRMC 2119/09
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Petition is allowed. Annexure-3 final report and proceedings in C.C.2739/2008 on the file of Judicial First Class Magistrate, Irinjalakuda are quashed.
M.SASIDHARAN NAMBIAR, JUDGE.
uj.
2 issues framed by the court
Whether proceedings under Section 420 IPC can be quashed under Section 482 CrPC despite Section 506 IPC being non-compoundable given an amicable settlement.
Whether the amicable settlement between petitioners and respondents warrants quashing of criminal proceedings in the interest of justice.
Colour shows how this judgement treated each authority
Manoj Sharma v. StateRelied on¶24
Manoj Sharma v. State (2008 (4) KLT 417 (SC))
Madan Mohan Abbot v. State of PunjabRelied on¶24
Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC))
2 provisions across 1 enactments
DIVYA JOSHY
JOSHY
LAKSHMI KUTTY
DEVENDRAN @ UNNI
OMANA
M. SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
