Allowed

Jeffy @ Sujith v. Joshy

Kerala HC6 Aug 2016Crl.MC/3221/2016

Case brief

AI extract

What is this about?

High Court allowed a petition under Section 482 CrPC to quash criminal proceedings against two accused charged with assault-related offences. The Court held that an out-of-court settlement had been reached, the victim had no objection, and the offence was personal in nature, thus satisfying the conditions for quashing under established guidelines.

What did the court decide?

The petition is allowed and all further proceedings against the petitioners in C.C. No. 60 of 2014 are quashed.

Jeffy @ Sujith Vs Joshy — Quashing and FIR | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶4

SATURDAY, THE 6TH DAY OF AUGUST 2016/15TH SRAVANA, 1938

¶5

Crl.MC.No. 3221 of 2016 ()

¶6

AGAINST THE ORDER/JUDGMENT IN CC 60/2014 OF CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA IN CRIME NO. 499/2013 OF PATHANAMTHITTA POLICE STATION , PATHANAMTITTA

¶7

PETITIONER(S)/ACCUSED:

¶8

1. JEFFY @ SUJITH AGED:30 YEARS, S/O SATHYASEELAN, THADATHIL HOUSE, PRAKKANAM, CHENNERKKARA VILLAGE, PATHANAMTHITTA DIST.

¶9

2. VIPIN@DANIEL AGED:30 YEARS, S/O VARGHESE, THAYAIL HOUSE, KAIPPATTOOR, VALLIKODE VILLAGE, PATHANAMTHITTA DIST.

¶10

BY ADV. SMT.K.R.MONISHA

¶11

RESPONDENT(S):

¶12

1. JOSHY

¶13

AGED:26 YEARS, S/O LATE JAMES P.G, PONVELIL ADIMURIYIL HOUSE, PRAKKANAM, CHENERKKARA VILLAGE, PATHANAMTHITTA-6895172

¶14

2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-682031

¶15

R1 BY ADV. SMT.T.J.SEEMA R2 BY ADV.AMJAD ALI, PUBLIC PROSECUTOR

¶16

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶17

Crl.MC.No. 3221 of 2016 ()

¶18

APPENDIX

¶19

PETITIONER(S)' EXHIBITS ----------------------A1 CERTIFIED COPY OF THE FIR AND FIS IN CRIME NO. 499/13 PATHANAMTHITTA POLICE STATION A2 CERTIFIED COPY OF THE FINAL REPORT DT. 20/3/13 CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA

¶20

RESPONDENT(S)' EXHIBITS

NIL

TRUE COPY

SKS

P.A TO JUDGE

RAJA VIJAYARAGHAVAN, V., J.

¶26

Crl.M.C. No.3221 of 2016

¶27

Dated this the 6^th day of August, 2016

¶28

O R D E R

¶29

~~~~~~~~

¶30

1.The petitioners are the accused Nos. 1 and 2 in C.C.No.60 of 2014 on the file of the Chief Judicial Magistrate, Pathanamthitta. They are charged for having committed offences punishable under Sections 294 (b),341, 324, and 326 r/w 34 of the IPC. The first respondent is the victim.

¶31

2.The instant petition is filed under Section 482 of the Code of Criminal Procedure banking on the ratio of the Judgment rendered by the Apex Court in Gian Singh v. State of Punjab ( 2012 (4) KLT 108) and a series of other cases which include Narinder Singh and others v. State of Punjab and anr. (2014) 6 SCC 466) and Yogendra Yadav and others V State of Jharkhand

¶32

(2014 (9) SCC 653 ) with a prayer to quash the above proceeding.

¶33

3.The sole ground is that the Apex Court in the above

¶34

¶35

Crl.M.C. No.3221 of 2016

¶36

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 .

¶37

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 2^nd respondent has sworn to an affidavit wherein he asserts that he has no objection in terminating the proceedings.

¶38

5.The prosecution allegation is that on 14.3.2013 at about 11.45 p.m., the petitioners had assaulted the defacto complainant by using a stick causing injuries.

¶39

6.The learned Public Prosecutor, on instructions, submits that no other cases are reported against the petitioners.

¶40

¶41

Crl.M.C. No.3221 of 2016

¶42

7.I have given my anxious consideration to the submissions made across the bar and I have also gone through the materials on record.

¶43

8.The victim has sworn to an affidavit wherein it is asserted that he has no objection in allowing the petition and in quashing the proceedings as all the disputed between the parties have been resolved and the parties are living in peace and harmony.

¶44

9.It appears to me that the offence is entirely personal in nature and do not affect public peace or tranquility. It is also felt that quashing of proceedings on account of compromise would bring about peace. In a case such as the instant one, even if the prosecution is allowed to continue, it would not serve any purpose as the possibility of conviction is remote and 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

¶45

¶46

Crl.M.C. No.3221 of 2016

¶47

parties to live in peace and harmony.

¶48

10.I am of the view that this Court is well justified in quashing the impugned proceedings as the instant case falls within the matrix of guidelines issued by the Apex Court in Gian Singh ( Supra ) and the other cases referred to above.

¶49

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.60/2014 on the file of the Chief Judicial Magistrate, Pathanamthitta are quashed.

¶50

Sd/- RAJA VIJAYARAGHAVAN, V. JUDGE

¶51

sks/6/8/16

Jeffy @ Sujith v. Joshy

Case brief

What is this about?

What did the court decide?

Jeffy @ Sujith v. Joshy

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

G.Asokan Vs State of Kerala

Raju Vs State of Kerala

Kamarudeen Vs State of Kerala

Arun B Vs Stateof Kerala

Santhosh Kumar @Monukutti Vs State of Kerala

Rajesh Vs State of Kerala