Petitioners challenged prosecution under Section 307 IPC via Section 482 CrPC citing settlement. Court dismissed petition, holding Section 307 offences cannot be quashed even with settlement following principles in Madan Mohan Abbot and Manoj Sharma cases.
Petition for quashment of proceedings under Section 482 CrPC was dismissed.
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
TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932
Crl.MC.No. 4214 of 2010()
----------------------------------( S.C.968/2005 THE PRINCIPAL ASSISTANT SESSIONS COURT, KOLLAM IN CRIME NO.205/2001 OFKARUNAGAPPALLY POLICE STATION)
PETITIONER(S):
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1. AZAD, AGED 29 YEARS, S/O.MUHAMMED KUNJU, KUNNEL VEEDU, KADATHOOR MURI K.S.PURAM VILLAGE, KARUNAGAPPALLY TALUK KOLLAM DISTRICT.
2. SALIM, AGED 35 YEARS, S/O.SUBAIR KUTTY, PUTHUVA KIZHAKKATHIL VEEDU, KADATHOOR MURI, K.S.PURAM VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT.
BY ADV. SRI.P.V.DILEEP
RESPONDENT(S):
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1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM.
2. PUSHPA, AGED 31 YEARS, D/O.OMANAYAMMA, PUTHEN VEEUD, KADATHOOR MURI,K.S.PURAM VILLAGE KARUNAGAPPALY TALUK,KOLLAM DISTRICT-691001.
3. THULASEEDHARAN PILLAI, AGED 36 YEARS,S/O.SANKARA PILLAI,PUTHEN VEEDU, KADATHOOR MURI, K.S.PURAM VILLAGE, KARUNAGAPPALLY TLAUK,KOLLAM DISTRICT-691001.
R1 BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD R2 & R3 BY ADV. SRI.K.V.ANIL KUMAR SRI.Y.SUDHEER
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
M.SASIDHARAN NAMBIAR, J.
Crl.M.C No.4214 OF 2010
Dated this the 16th day of November, 2010.
O R D E R
Petitioners are accused in S.C.No.968 of 2005 on the file of Principal Assistant Sessions Court, Kollam taken cognizance for the offences under Sections 450 and 307 r/w 34 of Indian Penal Code. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings pending before Assistant Sessions Court contending that entire disputes were settled with respondents 2 and 3, the injured and de facto complainant.
Though respondents 2 and 3 appeared and filed an affidavits stating that entire disputes were settled and they have no intention to continue the prosecution, an offence under Section 307 of Indian Penal Code cannot be quashed invoking the principles laid in Madan Mohan Abbot v. State of Punjab, (2008 (3) KLT 10 SC)), as clarified by the Hon'ble Supreme Court in Manoj Sharma v. State, (2008 (4) KLT 417). Hence the petition is dismissed.
M.SASIDHARAN NAMBIAR, JUDGE.
mns
2 issues framed by the court
Whether a petition under Section 482 CrPC to quash proceedings for an offence under Section 307 IPC can be entertained where the dispute was settled.
Whether the principles laid in Madan Mohan Abbot v. State of Punjab and Manoj Sharma v. State apply to quash Section 307 IPC proceedings upon settlement.
Colour shows how this judgement treated each authority
Madan Mohan Abbot v. State of PunjabExplained¶25
(2008 (3) KLT 10 SC)
Manoj Sharma v. StateExplained¶25
(2008 (4) KLT 417)
2 provisions across 2 enactments
AZAD
SALIM
STATE OF KERALA
PUSHPA
THULASEEDHARAN PILLAI
M. SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
