Petitioners sought to quash criminal proceedings for assault alleging a private dispute. The High Court allowed the petition, quashing proceedings under Section 482 Cr.P.C. and cited relevant Supreme Court guidelines regarding settlement in personal offences.
All further proceedings against the petitioners in Crime No.797/2014 of Thumba police station 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
WEDNESDAY, THE 15TH DAY OF JUNE 2016/25TH JYAISHTA, 1938
Crl.MC.No. 3055 of 2016
CRIME NO. 797/2014 OF THUMBA POLICE STATION, THIRUVANANTHAPURAM
PETITIONER(S)/ACCUSED NO. 1 TO 6:
1. DEEPAK @ PODIYAN, AGED 23 YEARS, S/O.SUDARSANAN, KULATHOOR, THIRUVANANTHAPRUAM (A1)
2. RAJESH @ KANNAN, AGED 28 YEARS, S/O.RAJENDRAN, RAJEEV BHAVAN
MANCAUD VEEDU, KULATHOOR, THIRUVANNATHPAURAM (A2)
3. VIPIN KUMAR @ BHANU, AGED 23 YEARS, S/O.RAJENDRAN, RAJEEV BHAVAN, MANCAUD VEEDU, KULATHOOR, THIRUVANANTHAPURAM (A2)
4. THEJU, AGED 25 YEARS, S/O.VIKRAMAN, MEDANADA, KULATHOOR, THIRUVANANTHAPURAM (A4)
5. BIBIN BABU @ STONE, AGED 20 YEARS, S/O.BABU, KULATHOOR, THIRUVANANTHPAURAM (A5)
6. SOORAJ, AGED 28 YEARS, S/O.THANKAPPAN, MANVILA, KULATHOOR, THIRUVANANTHAPURAM (A6)
1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM THROUGH THE SUB INSPECTOR OF POLICE, THUMBA, THIRUVANANTHAPURAM.
Msv/
-2-
-2-
Crl.MC.No. 3055 of 2016
2. AKHIL C.S., S/O.CHANDRABABU, AGED 21 YEARS, RESIDING AT SUMA SADAN, KULATHOOR PO, ATTIPPRA VILLAGE, THIRUVANANTHAPRUAM - 695 001. (DEFACTO COMPLAINANT)
3. JITHIN V.S., S/O.SANTHOSH, AGED 20 YEARS, RESIDING AT KUZHIVILAKAM, KIZHAKKUMKARA, KULATHOOR PO, ATTIPPRA VILLAGE, THIRUVANANTHAPURAM - 695 001.
R1 BY PUBLIC PROSECUTOR SMT.RAJESH VIJAYAN R2 & R3 BY ADV. SRI.T.P.RAMESH
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. 3055 of 2016
APPENDIX
PETITIONER(S)' ANNEXURES
RESPONDENT(S)' ANNEXURES:
------------------------
NIL
//TRUE COPY//
P.S.TO JUDGE
Msv/
RAJA VIJAYARAGHAVAN.V, J
- - - - - - - - - - - - - - - - - - - - Crl.M.C.3055 of 2016
- - - - - - - - - - - - - - - - Dated 15th June, 2016
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O R D E R
Crl.M.C.3055 of 2016
: 2 :
themselves and at the interventions of persons who are respected by both parties , they have decided to bury the past and turn a new leaf. There is no acrimony between the parties at present and they are living in peace and harmony. To bring on record the settlement , the respondents 3 and 4 have filed seperate affidavits in which they affirm in unmistakable terms their desire to erase the bitter incidents of the past and to start afresh.
Crl.M.C.3055 of 2016 : 3 :
bleak . It can only result in 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 (2014) 6 SCC 466) and other cases.
Sd/- RAJA VIJAYARAGHAVAN.V.
Judge
Bb
[True copy]
P.A to Judge
1 issue framed by the court
Whether the inherent jurisdiction under Section 482 Cr.P.C. can be invoked to quash criminal proceedings in an assault case where parties have settled.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabReferred¶55
Gian Singh v. State of Punjab ( 2012 (4) KLT 108)
Narinder Singh and others v. State of PunjabReferred¶55
Narinder Singh and others v. State of Punjab and anr. reported in (2014) 6 SCC 466 · Who else cites this
2 provisions across 2 enactments
Deepak @ Podian
Rajesh @ Kannan
Vinuesa Kumar @ Bhanu
Theju
Bibin Babu @ Stone
Sooraj
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
