The High Court of Kerala Crl.M.C.No. 7100 of 2015 allowed a petition seeking quashing of criminal proceedings in C.C.No.2033/2015 arising from a dispute covered underSections 143, 144, and 148, 149 of the IPC, holding that the matter had been amicably settled.
All further proceedings in C.C.No.2033/15 of the Judicial First Class Magistrate's Court, Angamaly, are 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 B.KEMAL PASHA
FRIDAY, THE 20TH DAY OF NOVEMBER 2015/29TH KARTHIKA, 1937
Crl.MC.No. 7100 of 2015
C.C.NO.2033/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ANGAMALY
PETITIONER(S)/ACCUSED 1 TO 18 :
1. ALWIN PAUL THOMAS, AGED 21 YEARS,
2. HISHAM T., AGED 21 YEARS,
3. LAKSHMIDAS KAMMATH, AGED 20 YEARS,
4. AUSTIN, AGED 21 YEARS,
5. JITHIN GEORGE, AGED 21 YEARS,
6. AKASH, AGED 21 YEARS,
7. ARAVIND, AGED 21 YEARS,
8. ADARSH, AGED 21 YEARS,
9. VENKITESWARA RAO, AGED 21 YEARS,
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Crl.MC.No. 7100 of 2015
10. ABIN VARGHESE, AGED 21 YEARS, S/O.VARGHESE, KOOMULLIL HOUSE, CHOTTANIKKARA, ERNAKULAM.
11. JOYAL, AGED 21 YEARS, S/O.REBI VARGHESE, ALACKAL HOUSE, VADUTHALA, CHERANALLOR, ERNAKULAM.
12. ABI LALU, AGED 21 YEARS, S/O.LALU, CHAKKAMKATTIL HOUSE, NEAR JACOBITE CHURCH, PERUMBAVOOR, ERNAKULAM DISTRICT.
13. SUJITH SUDHAKARAN, AGED 21 YEARS, S/O.SUDHAKARAN, “ANAND”, POOKKODE KARA, MANJERI, ERANADU TALUK.
14. MIDHUN JACOB, AGED 21 YEARS, S/O.JACOB, MADATHIL HOUSE, PUTHU PERIYARAM KARA, THODUPUZHA TALUK, IDUKKI DISTRICT.
15. SOORAJ, AGED 21 YEARS, S/O.RADHAKRISHNAN, PALATTU HOUSE, ARIYOOR P.O., KOTTOPPADOM VILLAGE, MANNAARCADU, PALAKKAD.
16. AKHIL, AGED 21 YEARS,
17. JAYAKRISHNAN, AGED 21 YEARS, S/O.BABY KUMARAN, “PANJAJANYAM”, AMBALAKUNNU P.O., ALAPPUZHA DISTRICT.
18. VISHNU, AGED 21 YEARS, S/O.UDAYABHANU, “DEEPAM”, CHELERI P.O., THALIPARAMBU TALUK, KANNUR.
BY ADV. SRI.IEANS.C.CHAMAKKALA
RESPONDENT(S) :
1. CLINTO, AGED 21 YEARS, S/O.JOSE, PAYAMMEL HOSUE, CHALAKKUDY NORTH, CHALAKUDY, THRISSUR-680 307.
2. GOKUL BIJU, AGED 21 YEARS, S/O.BIJU BALAN, AIKKARAPARAMBU HOUSE, THIRUVANKULAM, ERNAKULAM-682 305.
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Crl.MC.No. 7100 of 2015
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3. GOKUL KRISHNA, AGED 21 YEARS, S/O.UNNIKRISHNAN, “SREEPADAM”, MANJERI VILLAGE, MALAPPURAM DISTRICT-676 505.
4. JOPHIN JOSEPH, AGED 21 YEARS, S/O.JOSEPH, “NILAPPATTU”, KADUTHURUTHY VILLAGE, KOTTAYAM-686 604.
5. HARIKRISHNAN, AGED 21 YEARS, S/O.VELAYUDHAN NAIR, “HARISREE”, PUTHIYANGADI VILLAGE. KOZHIKODE DISTRICT-673 001.
6. NIRMAL, AGED 21 YEARS, S/O.PADMAKSHAN, “PATTAKAVAYAL”, CHOKLI VILLAGE, THALASSERY TALUK, KANNUR DISTRICT-670 001.
7. JEO PAUL, AGED 21 YEARS, S/O.BABU, MANAVALAN HOUSE, KARUKUTTY VILLAGE, ERNAKULAM DISTRICT-683 576.
8. SANDEEP, AGED 21 YEARS, S/O.JAYARAJ, ATTUKALATHIL HOUSE, THENNIPPALAM VILLAGE, MALAPPURAM DISTRICT-676 505.
9. ADARSH, AGED 21 YEARS, S/O.ANANDA KUMAR, PATHIYIL ANJALI BHAVAN, CHENGANNOOR TALUK, ALAPPUZHA DISTRICT-689 121.
10. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.
R1 TO R9 BY ADV. SRI.BIBIN KUMAR R10 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
Crl.MC.No. 7100 of 2015
APPENDIX
PETITIONER(S)' ANNEXURES :
| ANNEXURE-A1: | THE CERTIFIED COPY OF THE F.I.STATEMENT IN CRIME NO.1535/2015 OF ANGAMALY POLICE STATION. |
|---|---|
| ANNEXURE-A2: | THE CERTIFIED COPY OF THE F.I.R IN CRIME NO.1535/2015 OF ANGAMALY POLICE STATION. |
| ANNEXURE-A3: | THE CERTIFIED COPY OF THE CHARGE SHEET IN C.C NO.2033/2015 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ANGAMALY. |
| ANNEXURE-A4: | AFFIDAVIT OF THE 1ST RESPONDENT. |
| ANNEXURE-A5: | AFFIDAVIT OF THE 2ND RESPONDENT. |
| ANNEXURE-A6: | AFFIDAVIT OF THE 3RD RESPONDENT. |
| ANNEXURE-A7: | AFFIDAVIT OF THE 4TH RESPONDENT. |
| ANNEXURE-A8: | AFFIDAVIT OF THE 5TH RESPONDENT. |
| ANNEXURE-A9: | AFFIDAVIT OF THE 6TH RESPONDENT. |
| ANNEXURE-A10: | AFFIDAVIT OF THE 7TH RESPONDENT. |
| ANNEXURE-A11: | AFFIDAVIT OF THE 8TH RESPONDENT. |
| ANNEXURE-A12: | AFFIDAVIT OF THE 9TH RESPONDENT. |
RESPONDENT(S)' ANNEXURES :
NIL
//TRUE COPY//
P.S.TO JUDGE.
Msd.
B. KEMAL PASHA, J.
................................................................ CRL.M.C. No. 7100 of 2015
............................................................... Dated this the 20th day of November, 2015
O R D E R
Petitioners are accused Nos.1 to 18 in C.C.No.2033/15 of the Judicial First Class Magistrate's Court, Angamaly, which has arisen from Crime No.1535/2015 of the Angamaly Police Station, registered for the offences punishable under Sections 143, 144 and 148 read with Section 149 of the Indian Penal Code.
CRL.M.C.No. 7100 of 2015
-: 2 :-
petitioners. When the matter has been amicably settled between the parties, no purpose would be served in proceeding with the matter any further. Matters being so, all further proceedings in C.C.No.2033/15 of the Judicial First Class Magistrate's Court, Angamaly, which has arisen from Crime No.1535/2015 of the Angamaly Police Station, can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.2033/15 of the Judicial First Class Magistrate's Court, Angamaly, which has arisen from Crime No.1535/2015 of the Angamaly Police Station, are hereby quashed.
Sd/- B.KEMAL PASHA, JUDGE
ul/-
[True copy] P.S. to Judge
2 issues framed by the court
Whether further criminal proceedings should be quashed upon amicable settlement between parties.
Whether the amicable settlement recorded in affidavits bars the continuation of the trial.
1 provisions across 1 enactments
ALWIN PAUL THOMAS
State of Kerala
CLINTO
GOKUL BIJU
GOKUL KRISHNA
JOPHIN JOSEPH
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
