Petitioner, 1st accused in an IPC offence involving abduction and extortion, sought quashing of proceedings under S.482 Cr.P.C. based on settlement. Court dismissed petition, holding non-arrest of remaining accused makes piecemeal quashing unjustified.
The petition seeking quashing of criminal proceedings was 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 RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 15TH DAY OF JUNE 2016/25TH JYAISHTA, 1938
Crl.MC.No. 3052 of 2016
CRIME NO.500/2016 OF WADAKKANCHERY POLICE STATION, THRISSUR
PETITIONER(S)/1ST ACCUSED:
NIDHIN,
AGED 32 YEARS, S/O.CHANDRAN, ACHINGARA HOUSE, WADAKKANCHERY - 680 623, THRISSUR DISTRICT.
BY ADVS.SRI.G.SREEKUMAR (CHELUR) SRI.K.R.ARUN KRISHNAN
RESPONDENT(S)/COMPLAINANT:
1. STATE OF KERALA,
REP. BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA - 682 031.
2. SHAFEEK, AGED 37 YEARS,
S/O.SAITHUMUHAMMED, WADAGIRI HOUSE, ENKAKKADDESOM, KARUMATHRA VILLAGE, WADAKKANCHERY, THRISUR - 680 001.
R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R2 BY ADV. SRI.N.L.BITTO
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
Crl.MC.No. 3052 of 2016
APPENDIX
PETITIONER(S)' ANNEXURES:
RESPONDENT(S)' ANNEXURES:
------------------------
NIL
//TRUE COPY//
P.S.TO JUDGE
Msv/
RAJA VIJAYARAGHAVAN V, J.
Crl.M.C.No.3052 of 2016
-------------------------------------------------------Dated this the 15th day of June, 2016
O R D E R
2.The prosecution allegation is that, on 13.04.2016 at about 6.30 p.m., the petitioner along with 2 others abducted the de facto complainant in an auto rickshaw and forcefully obtained signatures in 2 blank stamp papers after assaulting him.
Crl.M.C.No.3052 of 2016 : 2 :
invoking powers under S.482 of the Cr.P.C.
4.The learned Public Prosecutor, on instructions, pointed out that in addition to the petitioner herein, 2 others are also involved in the commission of the offence. It will not be in the interest of justice to quash the proceedings as against the petitioner alone as the investigation is at the early stages. It is also pointed out that this is not a fit case in which this Court will not be justified in quashing the proceedings.
5.I find merit in the submission of the learned Public Prosecutor. This court will not be justified in quashing the proceedings against the petitioner alone on the basis of an alleged settlement , when the accused Nos.2 and 3 have not been arrested as yet. What essentially matters is the offence and not the offender and this Court will not be justified in quashing the proceedings in a piecemeal manner.
The petition is dismissed.
Sd/-
RAJA VIJAYARAGHAVAN V, JUDGE.
Bb
[True copy]
P.A to Judge
2 issues framed by the court
Whether proceedings can be quashed against the petitioner alone when the offence is against the person of the complainant.
Whether settlement with one accused is a fit case to quash proceedings while other accused are not arrested.
2 provisions across 2 enactments
Nidhin
State of Kerala
Shafeek
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
