The High Court of Kerala quashed criminal proceedings initiated against three accused persons. The court held that since the offences were personal in nature and mutually settled between the close relatives involved, continuing the prosecution was not in the interest of justice.
Cr. No. 563/2010 of Koipuram Police Station registered under Annexure A1 F.I.R. is quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932
Crl.MC.No. 3915 of 2010()
------------------------------------(CRIME NO.563/2010 OF KOIPURAM POLICE STATION, PATHANAMTHITTA DISTRICT)
PETITIONER(S): ACCUSED NOS.1 TO 3:
2. AJAYAKUMAR T.T., AGED 35 YEARS, S/O.P.K.THAMPI, THELLIKKUZHIYILCHIRAYIL,KOIPURAM VILLAGE,THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT.
3. RAJAN, AGED 34 YEARS,KOCHUPARAMBIL HOUSE, KOIPURAM VILLAGE,THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT.
BY ADV. SRI.M.T.SURESHKUMAR
RESPONDENT(S): INJURED/INFORMANT AND STATE:
--------------------------------------------------------------------------------
1. KESAVAN, AGED 52 YEARS,
2. BIJU E.K.AGED 33 YEARS, S/O.KESAVAN ERAPPANKUZHIYIL, KOIPURAM VILLAGE,THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT - 686 586.
3. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
M.SASIDHARAN NAMBIAR,J.
=========================== CRL.M.C.No. 3915 OF 2010
===========================
Dated this the 4th day of November,2010
ORDER
Petitioners are the accused respondents 1
and 2 the de facto complainant and the injured in Crime 563/2010 of Koipuram police station registered for the offences under sections 341, 294(b) and 326 read with section 34 of Indian Penal Code on Annexure A1 F.I.R based on the First Information Statement furnished by the second respondent. Petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution.
Crl.M.C.3915/2010 2
that petitioners are close relatives of respondents 1 and 2 and they have settled all the disputes amicably and consequent to the settlement, they have no subsisting grievance against the petitioners. They also sought to quash the F.I.R and further proceedings.
petitioners are purely personal in nature against respondents 1 and 2. The affidavits filed by respondents 1 and 2 establish that they have
settled all the disputes with the petitioners who
are their close relatives. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008
Crl.M.C.3915/2010 3
(3) KLT 19)when the offences alleged against the petitioners are purely personal in nature and the disputes were settled between the accused and injured, it is not in the interest of justice to continue the prosecution as ultimately due to the settlement there is no likelihood of a successful prosecution.
Petition is allowed. Crime 563/2010 of Koipuram Police Station registered under Annexure A1 F.I.R. is quashed.
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 proceedings under Sections 341, 294(b) read with Section 34 IPC and Section 326 IPC should be quashed upon amicable settlement between close relatives.
Colour shows how this judgement treated each authority
Madan Mohan Abbot v. State of PunjabApplied¶36
Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19)
2 provisions across 2 enactments
ABHILASH.T.T.
AJAYAKUMAR T.T.
RAJAN
KESAVAN
BIJU E.K.
STATE OF KERALA
M.SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
M.SASIDHARAN NAMBIAR
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