This criminal Miscellaneous petition by several accused seeking to quash proceedings in Sessions Case No.378/2006 on the ground of settlement was dismissed. The court held that the offences, including rioting and attempted culpable homicide, are non-compoundable.
Petition praying to quash further proceedings and allow compounding of offences is 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. P.S.GOPINATHAN
FRIDAY, THE 17TH DAY OF FEBRUARY 2012/28TH MAGHA 1933
Crl.MC.No. 402 of 2012 (A)
SC.378/2006 of ADDL.SESSIONS COURT (ADHOC)-III, THALASSERY LPC.72/2006 of J.M.F.C.-I, KANNUR.
PETITIONER(S)/ACCUSED:
S/O JAMAL MAMMU,AGED 29 YEARS,LATHEEFA NIVAS KOTTALI POST,KANNUR DISTRICT.
BY ADV. SRI.P.K.RAVISANKAR
COMPLAINANT(S)/STATE AND DEFACTO COMPLAINANT:
R1 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN.
R2 BY SRI.D.ANIL KUMAR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-02-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 402 of 2012 (A)
APPENDIX
PETITIONER'S ANNEXURES :-
ANNEXURE A : CERTIFIED COPY OF THE FIR AND FIS IN CRIME NO.199/2005 OF KANNUR TOWN POLICE STATION.
ANNEXURE B : CERTIFIED COPY OF THE FINAL REPORT DATED 30-6-2005 SUBMITTED BY THE POLICE BEFORE THE LEARNED MAGISTRATE. ANNEXURE C : THE AFFIDAVIT DATED 31-1-2012 OF THE 2ND RESPONDENT.
RESPONDENT'S EXHIBITS : NIL.
//TRUE COPY//
P.A TO JUDGE
amk
P.S.GOPINATHAN, J
Crl.M.C.No. 402 OF 2012
----------------------------
-------------------------Dated this the 17th day of February, 2012.
O R D E R
In this petition under Section 482 of the Code of Criminal Procedure, the petitioners, who are the accused in Sessions Case No.378/2006 on the file of the Additional Sessions Judge, Adhoc-III, Thalassery for offences under Sections 143, 147, 148, 341, 323 and 308 r/w Section 149 IPC seeks an order to quash all further proceedings in pursuance to Annexure B final report. The plea of the petitioner is that the matter has been settled between the defacto complainant and the petitioners.
Crl.M.C.No. 402 OF 2012 2
is non compoundable and it cannot be allowed to be compounded in exercise of the powers vested on this court under Section 482 of the Code of Criminal Procedure. Nature of the offence also dissuades me to allow to compound the offence. It is also pertinent to note that in the area where the crime alleged occurred is notorious for such offences including murder. So, on that reason also, I am inclined to disallow the petition. Apex court has time and again ruled that non compoundable offences shall not be allowed to be compounded. See the decisions in Ishwar Singh Vs. State of Madhya Pradesh (2008) 15 S.C 667 and the Gupapdas Vs. State of Madhya Pradesh 2012 (1) KLT short note 46 case No.49 (S.C). Therefore, this petition is dismissed.
amk
2 issues framed by the court
Whether the petition under Section 482 CrPC seeking quashing of proceedings in a non-compoundable offence involving serious allegations like rioting and attempted culpable homicide should be allowed o
Whether the nature of allegations in the final report dissuades the court from allowing compounding of the offence under Section 482 CrPC.
Colour shows how this judgement treated each authority
Ishwar Singh Vs. State of Madhya PradeshFollowed¶44
(2008) 15 S.C 667
Gupapdas Vs. State of Madhya PradeshFollowed¶44
Gupapdas Vs. State of Madhya Pradesh 2012 (1) KLT short note 46 case No.49 (S.C)
1 provisions across 1 enactments
Jaseer K.K.
V.P.Sainudhin
Mashaheer
K.Afsal
K.Sulaiman
V.P.Kabeer
P.S. Gopinathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
