The High Court at Ernakulam rejected the petitioners' plea to quash criminal proceedings on the ground of a private settlement. The Court held that due to the serious nature of injuries sustained, the settlement could not be endorsed, and dismissed the petition lacking merit.
The Criminal Miscellaneous Case No. 1421 of 2016 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 B.KEMAL PASHA
THURSDAY, THE 17TH DAY OF MARCH 2016/27TH PHALGUNA, 1937
Crl.MC.No. 1421 of 2016 ()
--------------------------CRIME NO. 294/2015 OF MUKKOM POLICE STATION, KOZHIKODE DISTRICT
PETITIONERS/ACCUSED A1 AND A2 :
1. ABDUL NAFIH, AGED 20 YEARS, S/O.YOONUS ELEDATH, KUTTYPARAMBA,POST KUMARANALLUR, MUKKOM,KOZHIKODE.
2. SALMANUL FARIS, AGED 19 YEARS, S/O.SHAHUL HAMEED, KUZHIKANDATHIL HOUSE,POST KUMARANALLUR, MUKKOM,KOZHIKODE.
BY ADVS. SRI.A.RANJITH NARAYANAN SMT.A.SIMI
RESPONDENTS/STATE, DEFACTO COMPLAINANT/INJURED :
1. STATE OF KERALA, REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682031, REPRESENTING THE SHO, MUKKOM POLICE, KOZHIKODE.
2. KRISHNA SARATH, AGED 25 YEARS, S/O.VISWANATHAN, ARAKKAPATTA HOUSE, POST CHERUKULATHUR, PERUVAYAL,KOZHIKODE-673008.
R1 BY PUBLIC PROSECUTOR SMT.P. MAYA R2 BY ADV. SRI.S.K.SAJU
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
...2/-
Crl.MC.No. 1421 of 2016 ()
APPENDIX
PETITIONER(S)' ANNEXURES : ---------------------------
ANNEXURE-A1 TRUE COPY OF THE ORDER DATED 11.01.2016 IN BA. NO.7979/2015 ANNEXURE-A2 TRUE COPY OF THE MEMO DATED 21.01.2016. ANNEXURE-A3 CERTIFIED COPY OF THE FIR DATED 13.06.2015 OF MUKKOM POLICE IN CRIME NO.294/2015 ANNEXURE-A4 THE AFFIDAVIT DATED 28.2.2016 SWORN BY THE DEFACTO COMPLAINANT. RESPONDENT(S)' ANNEXURES - NIL ----------------------------------
//TRUE COPY//
P.S. TO JUDGE
Mn
B. KEMAL PASHA, J.
................................................................ CRL.M.C. No. 1421 of 2016
............................................................... Dated this the 17th day of March, 2016
O R D E R
Petitioners are A1 and A2 in Crime No.294/15 of the Mukkom Police Station, for the offences punishable under Sections 341, 323, 324, 326 and 308 of the Indian Penal Code read with Section 34 of IPC.
CRL.M.C.No. 1421 of 2016
-: 2 :-
that there are serious allegations against the petitioners. Over and above it, by considering the seriousness of the injuries sustained to the 2nd respondent, this Court is not in a position to accept and endorse the settlement arrived at between the parties. Matters being so, this Crl.M.C. is devoid of merits and is only to be dismissed, and I do so.
In the result, this Crl.M.C. is dismissed.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
[True copy] P.S. to Judge
2 issues framed by the court
Whether a criminal miscellaneous petition seeking quashing of proceedings due to private settlement should be allowed despite serious allegations and serious injuries.
Whether the Court can endorse a settlement arrived at between parties where serious injuries have been sustained by the injured person.
1 provisions across 1 enactments
Abdul Nafih
Salmanul Faris
State of Kerala
Krishna Sarath
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
