The High Court quashed the criminal case under Section 482 CrPC due to a full settlement of disputes between the accused and victims, holding that proceeding was not in the interest of justice citing precedent.
Criminal Case No. 1621/2008 against the petitioners was quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931
Crl.MC.No. 2291 of 2009()
----------------------------------CC.1621/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, ALUVA ....................
PETITIONERS/ACCUSED 1-2
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1. CHITHAMBARAN PILLAI, MANAGER, CENTURION BANK OF PUNJAB, NORTH PARAVOOR.
2. LAKSHMI @ MUTHULAKSHMI, W/O.CHITHAMBARAN PILLAI, NORTH PARAVOOR.
BY ADV. MR.PEEYUS A.KOTTAM MR.KURIAN JOSEPH MR.RENJITH THOMAS
RESPONDENTS/STATE AND COMPLAINANT
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1. THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031.
2. BAHULEYEN, S/O.SANKARAN, AGED 70 YEARS, DIRIN NIVAS, PUTHUKALAVATTOM, ELAMAKKARA P.O., COCHIN-682 026.
3. BABY BAHULEYAN, AGED 54 YEARS, DIRIN NIVAS, PUTHUKKALAVATTOM, ELAMAKKARA P.O., COCHIN-682 026.
R1 BY PUBLIC PROSECUTOR MR.AMJAD ALI. BY ADV. MR.NAVEEN THOMAS
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
M.Sasidharan Nambiar, J.
Crl.M.C.No.2291 of 2009
ORDER
Accused in C.C.No.1621/2008 on the file of Judicial First Class Magistrate's Court-II, Aluva filed this petition under Section 482 of Code of Criminal Procedure to quash Annexure-A3 final report, which was taken cognizance by the learned Magistrate, contending that there was a settlement of all disputes with respondents 2 and 3 and in such circumstances, in the interest of justice, the case is to be quashed. Along with the petition, Crl.M.A.No.3920/2009, a joint petition, is filed by respondents 2 and 3 and the petitioners stating that entire disputes between them were settled and disputes are purely of civil nature and in view of the settlement, the offences are to be compounded.
CRMC 2291/09
2
under Section 320 of Code of Criminal Procedure cannot be granted.
Petition is allowed. C.C.No.1621/2008 on the file of Judicial First Class Magistrate's Court-II, Aluva as against the petitioners is quashed.
5th August, 2009 (M.Sasidharan Nambiar, Judge) tkv
2 issues framed by the court
Whether the criminal case should be quashed in light of a settlement of disputes between the parties.
WhetherSection 492 Insurance Act is compoundable permitting quashing of proceedings.
Colour shows how this judgement treated each authority
Madan Mohan Abbot v. StateApplied¶28
Madan Mohan Abbot v. State (2008 (4) KLT 417)
1 provisions across 1 enactments
Chithambaran Pillai
Lakshmi @ Muthulakshmi
The State of Kerala
Bahuleyen
Baby Bahuleyan
M Sasidharan Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
