The High Court of Kerala allowed a petition to quash criminal proceedings against two accused charged with offences under Sections 341, 323, 324, 452, 506(ii) and 427 IPC, invoking inherent powers under Section 482 CrPC
All further proceedings against the petitioners in C.C.No.2589 of 2015 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 RAJA VIJAYARAGHAVAN V
THURSDAY, THE 4TH DAY OF AUGUST 2016/13TH SRAVANA, 1938
Crl.MC.No. 2282 of 2016 ()
CC.NO. 2589/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVAKKAD CRIME NO. 1303/2015 OF CHAVAKKAD POLICE STATION,THRISSUR DISTRICT
PETITIONER(S)/ACCUSED 1 & 2:
1. JAMSHEER, AGED 21 YEARS,S/O. ASHARAF, KULANGARAKAKATH VEEDU, ORUMANYUR DESOM & VILLAGE, CHAVAKKAD TALUK,THRISSUR DISTRICT.
2. BASHID,
BY ADV. SRI.RAJIT
RESPONDENT(S)/STATE/COMPLAINANTS:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. UNNI, AGED 21 YEARS, S/O. KARTHIKEYAN, KIZHAKITTA HOUSE, OURMANAYUR, MUTHAMMAVU, THRISSUR- 680 512
3. MANSOOR, AGED 36 YEARS, S/O. BEERA UNNI, THEKKAN VEETTIL HOUSE, OURMANAYUR VILLAGE,
MUTHAMMAV DESAM, CHAVAKKAD TALUK, THRISSUR DISTRICT- 680 512
R1 BY PUBLIC PROSECUTOR SMT. PUSHPALATHA.M.K R2 & R3 BY ADV. SRI.LOWEL CHERIAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
Crl.MC.No. 2282 of 2016 ()
APPENDIX
PETITIONER(S)' ANNEXURES:
| ANNEX A1 A TRUE COPY OF THE FINAL REPORT FILED BY THE CHAVAKKAD POLICE IN CRIME NO. 1303/2015 OF CHAVAKKAD POLICE STATION |
|---|
| ANNEX A2 A TRUE COPY OF THE AFFIDAVIT EVIDENCING THE ABOVE FACT SWORN TO BY THE 2ND RESPONDENT |
| ANNEX A3 A TRUE COPY OF THE AFFIDAVIT EVIDENCING THE FACT SWORN TO BY THE 3RD RESPONDENT |
RESPONDENT(S)' ANNEXURES:
NIL
/TRUE COPY/
P.A.TO JUDGE
sts
RAJA VIJAYARAGHAVAN.V., J
Crl.M.C. No. 2282 of 2016
ORDER
1.The petitioners herein are the accused Nos. 1 and 2 in C.C.No.2589 of 2015 on the file of the Judicial Magistrate of 1st Class, Chavakkad. The are being prosecuted for having committed offences punishable under Sections 341, 323, 324, 452, 506(ii) and 427 read with Section 34 of the IPC. Respondents 2 and 3 are the victims.
anr. (2014) 6 SCC 466) and Yogendra Yadav and
others V State of Jharkhand (2014 (9) SCC 653 ) with a prayer to quash the above proceeding.
Crl.M.C. No.2282 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 of the Code can be invoked de hors section 320 of the Code for recognizing out of court settlement for the purpose of quashing criminal proceedings. It is prayed that powers under Section 482 of the Code be invoked to quash the criminal proceedings.
4.It is submitted that the parties have reached an out of court settlement and there is no acrimony between them at present. All the disputes have been amicably resolved and they desire to live in peace and harmony. The respondents have sworn to separate affidavits wherein they asserts that they have no objection in terminating the proceedings.
Crl.M.C. No.2282 of 2016
-3-
injuries on respondents 2 and 3.
Crl.M.C. No.2282 of 2016
-4-
putting the de facto complainant and the 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 petitioners, who are the accused Nos. 1 and 2 in C.C.No.2589 of 2015 on the file of the Judicial Magistrate of 1st Class, Chavakkad are quashed.
sd/-
RAJA VIJAYARAGHAVAN.V., JUDGE
kp/-8.8.16
2 issues framed by the court
Whether the impugned criminal proceedings can be quashed in public interest under Section 482 CrPC
Whether the offences are personal in nature and do not affect public peace or tranquility
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabApplied¶36
Gian Singh v. State of Punjab (2012) 4 KLT 108
Narinder Singh and others v. State of Punjab and anr.Referred¶37
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 JharkhandReferred¶38
Yogendra Yadav and others V State of Jharkhand (2014 (9) SCC 653) · Who else cites this
2 provisions across 2 enactments
Jamsh
Bashid
State of Kerala
Unni
Mansoor
Raja Vijayaraghavan.V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Raja Vijayaraghavan.V
Parties & counsel
