Kerala HC quashed criminal proceedings under Section 324 IPC in a personal assault case where the victim settled and requested termination, citing Supreme Court guidelines on invoking inherent powers for out-of-court settlements.
All further proceedings against the petitioner in C.C.No.1191 of 2015 shall stand 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 RAJA VIJAYARAGHAVAN V
FRIDAY, THE 29TH DAY OF JULY 2016/7TH SRAVANA, 1938
Crl.MC.No. 2253 of 2016
CC 1191/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOCHI CRIME NO. 2411/2013 OF PALLURUTHY POLICE STATION, ERNAKULAM
PETITIONER(S):
ASHRAF, AGED 50 YEARS, S/O. MOIDEEN, PONNUTHARA VEEDU, THANGAL NAGAR, EDAKKOCHI, ERNAKULAM DISTRICT.
BY ADVS.SRI.PAVITHRAN RAVINDRA NATH SRI.SHERRY J. THOMAS
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. NAZEER,
AGED 35 YEARS, S/O. HASSAN, PONNUTHATA HOUSE, CHENTHAN LANE, PANCHAYATH RAJ ROAD, PALLURUTHY, KOCHI-6, ERNAKULAM DISTRICT - 682 518.
R1 BY PUBLIC PROSECUTOR SRI.ROY THOMAS R2 BY ADVS. SRI.ARUN ALEX SRI. V.N.AJAYAKUMAR GOSH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29-07-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
Crl.MC.No. 2253 of 2016
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEXURE A1 COPY OF THE FINAL REPORT IN CC NO.1191/2015.
ANNEXURE A2 THE ORIGINAL OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT STATING THE TERMS OF SETTLEMENT.
ANNEXURE A3 COPY OF THE SETTLEMENT AGREEMENT DTD.11.9.2015.
RESPONDENT(S)' ANNEXURES:
NIL
//TRUE COPY//
P.S.TO JUDGE
Msv/
RAJA VIJAYARAGHAVAN.V, J
Crl.M.C. No.2253 of 2016
----------------------------------------Dated this the 29th day of July, 2016
O R D E R
of 2015 on the files of the Judicial Magistrate of First Class Court-II, Kochi. He is charged for having committed offence punishable under section 324 of IPC.
The 2nd respondent is the victim.
Yogendra Yadav and others V State of Jharkhand
(2014 (9) SCC 653 ) with a prayer to quash the above proceeding.
Crl.M.C. No.2253 of 2016 2
3.The sole ground is that the Apex Court in the above judgments have delineated the circumstances and the cases in which inherent powers under Section 482 can be invoked de hors section 320 of the Code of Criminal Procedure for recognizing out of court settlement for the purpose of quashing criminal proceedings. It is prayed that powers under Section 482 of the Code of Criminal Procedure be invoked to quash the criminal proceedings.
Crl.M.C. No.2253 of 2016 3
Crl.M.C. No.2253 of 2016 4
accused to unwanted oppression and prejudice. Settlement will augur well for the interest of the community and will enable the parties to live in peace and harmony.
In the result, this petition is allowed. All further proceedings against the petitioner, who is the accused in C.C.No.1191 of 2015 on the file of the Judicial Magistrate of First Class Court-II, Ernakulam shall stand quashed.
Sd/- RAJA VIJAYARAGHAVAN.V. JUDGE
SKV
3 issues framed by the court
Whether criminal proceedings under Section 324 IPC can be quashed under Section 482 CrPC based on an out-of-court settlement between the assailant and the victim.
Whether the inherent powers under Section 482 CrPC can be invoked de hors Section 320 CrPC to recognize a settlement for quashing personal offenses.
Whether the compromise between parties justifies quashing the proceedings to ensure peace and harmony.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabExplained¶35
Gian Singh v. State of Punjab (2012 (4) KLT 108)
Narinder Singh and others v. State of Punjab and anr.Explained¶36
Narinder Singh and others v. State of Punjab and anr. (2014) 6 SCC 466 · Who else cites this
Yogendra Yadav and others v. State of JharkhandExplained¶37
Yogendra Yadav and others V State of Jharkhand (2014 (9) SCC 653) · Who else cites this
3 provisions across 2 enactments
Ashraf
State of Kerala
Nazeer
Raja Vijayaraghavan.V
Judge
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Raja Vijayaraghavan.V and Judge
Parties & counsel
