Criminal Miscellaneous Case filed under Section 482 CrPC to quash proceedings. Court allowed petition relying on settlement between accused and injured parties regarding purely personal offences, quashing the ongoing trial.
Crl.M.C.No.4103 of 2010 and S.C.658/2009 on the file of Principal Assistant Sessions Court, Kozhikode is allowed and 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 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932
Crl.MC.No. 4103 of 2010()
SC.658/2009 OF PRINCIPAL ASSISTANT SESSIONS COURT, KOZHIKODE
PETITIONER(S):
----------------------
1. RIJITH KRISHNAN, AMBADI HOUSE, THURUTHI P.O., KASARAGOD DISTRICT.
2. ADARSH, MAYOOGHAM, THEKKAYIL PARAMBATHU HOUSE, ONCHIYAM BANK ROAD, CHOMBALA P.O., VADAKARA (VIA).
3. ABHILASH, BANGLAVU PARAMBIL HOUSE, ODAKKAYAM, VETTILAPPARA P.O., AREACODE (VIA), MALAPPURAM DISTRICT.
4. VINU PRASAD, MADATHIL HOUSE,
5. PRAPHUL G. DAS,
6. SREENATH K., KUNIYIL HOUSE, EDATHUM KARA, THODANNUR, VATAKARA.
7. SUBEESH P., PAROL HOUSE, NUTSTREET P.O., VATAKARA, KOZHIKODE DISTRICT.
8. SREEGANESH, SREEVIHAR HOUSE, THAROPOYIL POST, THIRUVALLOOR (VIA), VATAKARA.
9. ARUN RAJ, ARUN NIVAS, NEAR GOVERNMENT L.P.S., EZHUKONE P.O., KOLLAM DISTRICT.
...2/-
Crl.MC.No. 4103 of 2010() -2-
10. ANOOP K.K., KALAKKANDY HOUSE, KORACHANKANDY PARAMB, ARAKKINAR P.O., KOZHIKODE DISTRICT.
11. VISHNU, SREERANGAM, KARIPUR, MALAYINKEEZHU P.O., TRIVANDRUM-695 571.
12. BIPIN, SURAG HOUSE, ANGADIPPURAM P.O., PERINTHALMANNA, MALAPPURAM DISTRICT-679 321.
13. BINOY, BINOY NIVAS, KUNNAMKUZHI, NEYYATTINKARA, P.O.AMARAVILA, TRIVANDRUM.
14. JATHIN JOSE, POTTACKAL HOUSE, IRINGOLE P.O., PERUMBAVOOR, ERNAKULAM DISTRICT-683 548.
15. NIKHIL P., KOMALAM HOUSE, KARUVANTHIRUTHY, (VIA) FEROKE, KOZHIKODE DISTRICT.
BY ADV. SRI.SUNNY MATHEW
RESPONDENT(S):
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1. KRISHNANUNNI M.A., S/O.ASHOK KUMAR, KOKKUVAYIL HOUSE, SREENARAYANAPURAM P.O., THRISSUR DISTRICT.
2. VISHNU VASUDEVAN, S/O.VASUDEVAN, VISHNUVIJAYAM HOUSE, VADAKKANTHARA, PALAKKAD DISTRICT.
3. SAIDALAVI,
4. STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, KOZHIKODE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
R1 TO R3 BY ADV. SRI. SAKIR K.H.
R4 BY PUBLIC PROSECUTOR SRI. P.A. SALIM
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
M.SASIDHARAN NAMBIAR,J.
===========================
CRL.M.C.No.4103 OF 2010
===========================
Dated this the 3rd day of November,2010
ORDER
Petitioners are the accused and respondents
1 to 3, the de facto complainant and the injured in S.C.658/2009 on the file of
Principal Assistant Sessions Court, Kozhikode. Prosecution case is that on 27.3.2008 at about 6.30 p.m. petitioners formed themselves into an unlawful assembly with the common object of causing grievous hurt to the first respondent and in furtherance of the common object armed with deadly weapons committed rioting and attacked respondents 1 and 2 and caused injury and also caused damage to Maruti car KL 11 E.678 belonging to the third respondent and thereby committed offences under sections 143, 147, 148, 324 and 308 read with section 149 of Indian Penal Code. This petition is filed
Crl.M.C.4103/2010 2
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.
counsel and filed a joint petition with the petitioners stating that they have settled all the disputes and respondents 1 to 3 have no subsisting grievance against the petitioners and in such circumstances, the case is to be quashed.
respondents 1 to 3 and learned Public Prosecutor were heard.
Crl.M.C.4103/2010 3
lacerated injury alone was caused. Annexure A1 final report establishes that offences alleged against the petitioners are purely personal in nature against respondents 1 to 3. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19) when the offences alleged are purely personal in nature and the disputes were settled amicable between the accused and the injured, it is not in the interest of justice to continue the prosecution especially, when consequent to the settlement there is no likelihood of a successful prosecution and it would result only in unnecessary waste of valuable time of the court.
Petition is allowed. S.C.658/2009 on the file of Principal Assistant Sessions Court, Kozhikode is quashed.
M.SASIDHARAN NAMBIAR JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
W.P.(C).NO. /06
--------------------JUDGMENT
SEPTEMBER,2006
2 issues framed by the court
Whether the Criminal Miscellaneous Case filed under Section 482 CrPC to quash proceedings should be allowed given the settlement of disputes between accused and injured parties.
Whether the settlement and absence of subsisting grievance makes it not in the interest of justice to continue prosecution for offences alleged to be purely personal in nature.
Colour shows how this judgement treated each authority
Madan Mohan Abbot v. State of PunjabRelied on¶59
Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19)
1 provisions across 1 enactments
Rijith Krishnan and others
Krianannuni M.A.
Vishnu Vasudevan
State of Kerala
M.Sasidharan Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
