The High Court of Kerala dismissed a petition under Section 482 CrPC seeking to quash criminal proceedings. The court observed that since hurt was caused to a complainant without an amicable settlement, the case could not be quashed.
Petition dismissed; liberty to approach court if composition is made with CW2.
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 2ND MARCH 2010 / 11TH PHALGUNA 1931
Crl.MC.No. 457 of 2010(D)
------------------------------------[CC.NO.640/2009 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-II, HOSDURG] ....................
PETITIONERS/ACCUSED NO.1 TO 7:
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1. HAKKIM.P.P, S/O.ASSAINAR,AZHITHALA, THAIKADAPPURAM,HOSDURG TALUK, KASARAGOD DISTRICT.
2. T.K.UBAIS,S/O.ABDUL AZEEZ,SEA ROAD, THAIKADAPPURAM,HOSDURG TALUK,KASARAGOD DISTRICT.
3. SAKARIYA,S/O.AZEEZ,A.P.ROAD, THAIKADAPPURAM,HOSDURG TALUK,KASARAGOD DISTRICT.
4. HARIF,S/O.ABDLLA,HOSPITAL ROAD, THAIKKADAPPURAM,HOSDURG TALUK,KASARAGOD DISTRICT.
5. MUHAMMED SHEFFEQUE,S/O.MUSTHAFA, COLONY ROAD,THAIKADAPPURAM,HOSDURG TALUK, KASARAGOD DISTRICT.
6. SHAFEER.C.H,S/O.MUSTHAFA,A.P.ROAD, THAIKKADAPPURAM,HOSDURG TALUK,KASARAGOD DISTRICT.
7. SABIR.C.H,S/O.ABDUL RAHIMAN,SEA ROAD, THAIKKADAPPURAM,HOSDURG TALUK,KASARAGOD DISTRICT.
BY ADV. MR.A.MOHAMED MUSTAQUE.
RESPONDENTS/DEFACTO COMPLAINANT-STATE:
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1. P.C.MOHAMED KUNHI,S/O.LATE HASSAINAR, ORCHA,THAIKADAPPURAM,HOSDURG TALUK, KASARAGOD DISTRICT..
2. THE STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM.
R1 BY ADV. MR.T.PRAVEEN, R2 BY PUBLIC PROSECUTOR.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
prv.
M.Sasidharan Nambiar, J.
Crl.M.C.No.457 of 2010
ORDER
Petitioners are accused 1 to 7 and first respondent, the defacto complainant in C.C.No.640/2009 on the file of Judicial First Class Magistrate's CourtII, Hosdrug, taken cognizance for the offences under Sections 143, 147, 148, 341, 323 and 326 read with Section 149 of Indian Penal on Annexure-A1 final report. This petition is filed under Section 482 of Code of Criminal Procedure to quash the cognizance taken. Annexure-A1 final report shows that hurt was caused to CW2 also after confining her along with CW1. In such circumstances, when there is no case that there was an amicable settlement of the disputes with CW2 also, the case cannot be quashed as sought for.
Petition is dismissed with liberty to approach the court, if there is a composition with CW2 also.
2nd March, 2010 (M.Sasidharan Nambiar, Judge) tkv
1 issue framed by the court
Whether the High Court should quash criminal proceedings under Section 482 CrPC when the final report indicates hurt caused to a complainant without an amicable settlement.
2 provisions across 2 enactments
Hakkim P.P. and 6 others
P.C. Mohamed Kunhi
The State of Kerala
M. Sasidharan Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
