Partly allowed
Badusha v. Alikutty
Kerala HCCrl.MC/87/2010
Case brief
from the order text
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HIGH COURT OF KERALA AT ERNAKULAM PRESENT :…
What the court decided
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931
Crl.MC.No. 87 of 2010()
--------------------------------CRIME NO.457/2008 OF ERUMAPPETTY POLICE STATION.
PETITIONERS/ACCUSED 1 & 4
--------------------------------------------
1. BADHUSHA, AGED 33 YEARS, S/O.KUNJIMON, KIZHAKKITHIL HOUSE, VELIYANKODE AMSOM, GRAMAM DESOM, VELIYANKODE VILLAGE, KOZHIKODE DISTRICT.
2. SUBAIDA, AGED 4O YEARS,
BY ADV. MR.M.ANIL KUMAR, SMT.PREETHI K.PURUSHOTHAMAN.
RESPONDENT/COMPLAINANT
--------------------------------------------
1. ALIKUTTY, AGED 33 YEARS, S/O.ABUBACKER, PUTHURAKKAYIL HOUSE, AVIYOOR DESOM, EDAKKARA P.O, PUNNAYUR VILLAGE, CHAVAKKAD TALUK, TRICHUR DISTRICT.
2. STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, ERUMAPPETTY POLICE STATION (CRIME NO.457/2008) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
R2 BY PUBLIC PROSECUTOR MR.S.U. NAZAR.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
M.SASIDHARAN NAMBIAR,J.
===========================
CRL.M.C.No. 87 OF 2010
===========================
Dated this the 15th day of February,2010
ORDER
Petitioners are accused 1 and 4 in Crime
457/2008 registered for the offences under sections 341,324, 308, and 427 read with section 34 of Indian Penal Code. Subsequently offence under section 326 IPC was substituted
for the offence under section 324 IPC. This petition is filed under section 482 of the Code of Criminal Procedure to quash Annexure -I F.I.R and all further proceedings, contending that entire disputes were settled amicably. Though Annexure-II affidavit of first
respondent was submitted, learned Public Prosecutor submitted that subsequent to the filing of the petition, the statement of first
respondent was recorded and the statement so recorded shows that there was no settlement and
Crl.M.C.87/2010 2
he has no intention not to proceed with the case. In such circumstances, based on the affidavit filed by the petitioner the case cannot be quashed. Moreover, all non-compoundable offences cannot be quashed invoking the extra ordinary powers of this court under section 482 of Code of Code of Criminal Procedure, as held by the Apex Court in Manoj Sharma v. State (2008(4) KLT 417. In such
circumstances, petition is dismissed.
M.SASIDHARAN NAMBIAR JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
W.P.(C).NO. /06
--------------------JUDGMENT
SEPTEMBER,2006
2 issues framed by the court
Whether a criminal petition under section 482 CrPC to quash proceedings for non-compoundable offences can be allowed despite claimed settlement.
Whether quashing of proceedings is permissible when the autobiography recorded post-filing shows no settlement and intention to proceed.
Colour shows how this judgement treated each authority
Manoj Sharma v. StateRelied on¶32
Manoj Sharma v. State (2008(4) KLT 417)
1 provisions across 1 enactments
Badhusa
Subaida
State of Kerala
Alikutty
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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