The Court quashed two criminal cases (C.C.476/08 and C.C.588/09) filed under Sections 324, 447 IPC and Cause of Offence No. 588/09, allowing petitions filed under Section 482 CrPC due to complete settlement of disputes.
Criminal cases C.C.476/2008 and C.C.588/2009 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
WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931
Crl.MC.No. 2622 of 2009 ---------------------------------CC.NO.476/2008 OF JUDL.MAGISTRATE OF FIRST CLASS - I, NORTH PARAVUR ....................
PETITIONER/ ACCUSED:
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VENKATESH NAIK, S/O.GANESH NAIK, AGED 50 YEARS, DEVASWOMPARAMBIL HOUSE, CHERAI, ERNAKULAM DISTRICT.
BY ADVS. MR.P.S.APPU, MR.M.R.DHANIL.
RESPONDENTS/ STATE & DEFACTO COMPLAINANT:
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1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
2. SUB INSPECTOR OF POLICE, MUNAMBAM POLICE STATION, MUNAMBAM.
3. SYAM.D.B., S/O.BALAKRISHNA PAI, AGED 24 YEARS, DEVASWOMPARAMBIL HOUSE, CHERAI, ERNAKULAM DISTRICT.
4. SARATH.D.B., S/O.BALAKRISHNA PAI, AGED 29 YEARS, DEVASWOMPARAMBIL HOUSE, CHERAI, ERNAKULAM DISTRICT.
R1 & R2 BY PUBLIC PROSECUTOR MR. B. VINOD, R3 & R4 BY ADV. MR.SHAJI THOMAS PORKKATTIL.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/08/2009, ALONG WITH CRL.M.C. NO. 2623/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
prv.
M.SASIDHARAN NAMBIAR,J.
CRL.M.C.NO.2622 & 2623 OF 2009
Dated 12th August 2009
O R D E R
Petitioner in Crl.M.C.2622/2009 is the sole accused in C.C.476/2008 on the file of Judicial First Class Magistrate, North Paravur. Prosecution case against him is that he committed offences under Sections 447, 324 and 325 of Indian Penal Code. Respondents 3 and 4 are the injured defacto complainants. Petitioners 1 and 2 in Crl.M.C.2623/09 are respondents 3 and 4 in Crl.M.C.2622/09. Petitioners in Crl.M.C.2623/09 are accused in C.C.588/09 on the file of Judicial First Class Magistrate, North Paravur. Prosecution case in C.C.588/09 is that the three accused therein committed offences under Section 324 read with Section 34 of Indian Penal Code. Third respondent therein is the injured defacto complainant. He is petitioner in Crl.M.C.2622/09. One is the main case and the other
its counter case. These petitions are filed under Section 482 of Code of Criminal Procedure to quash
CRMC 2622 & 2623/09
2
the final report and cognizance taken by the learned Magistrate respectively in C.C.476/08 and C.C.588/09. In Crl.M.C.2622/09 injured respondents 3 and 4 appeared through a counsel and filed separate affidavits stating that each of them have settled the dispute with the petitioner and in view of settlement there is no objection for quashing the offences. In Crl.M.C.2623/09 third respondent appeared through a counsel and filed an affidavit stating that in view of the settlement of the disputes, the case is compounded.
and learned Public Prosecutor were heard.
Both petitions are allowed. C.C.476/2008 and C.C.588/2009 on the file of Judicial First Class Magistrate, North Paravur are quashed.
M.SASIDHARAN NAMBIAR, JUDGE.
uj.
2 issues framed by the court
Whether the criminal cases should be quashed in view of settlement of disputes between parties.
Whether final report and cognizance taken by Magistrate should be quashed under Section 482 CrPC.
1 provisions across 1 enactments
VENKATESH NAIK
STATE OF KERALA
SUB INSPECTOR OF POLICE, MUNAMBAM
SYAM.D.B.
SARATH.D.B.
M. SASIDHARAN NAMBIAR
As recorded by the court registry
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