The High Court of Kerala allowed a criminal miscellaneous petition seeking quashing of proceedings against petitioners accused of assaults. The court found the offense personal and settled, invoking powers under Section 482 CrPC to quash pending cases.
Annexure-A2 Final report and all further pending proceedings, C.C. No. 1597 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
WEDNESDAY, THE 17TH DAY OF AUGUST 2016/26TH SRAVANA, 1938
Crl.MC.No. 3785 of 2016 ()
--------------------------CC. NO.1597/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT (TEMPORARY), KOLLAM. CRIME NO. 873/2010 OF KOLLAM WEST POLICE STATION, KOLLAM DISTRICT.
PETITIONERS/ACCUSED:
1. BABU, AGED 62 YEARS, S/O.KRISHNANACHARI, THODIYIL PURAYIDAM, THAMARAKKULAM WARD, KOLLAM EAST VILLAGE, KOLLAM DISTRICT.
2. SAYISENAN,
3. RAJIKUMAR,
AGED 37 YEARS, S/O.RAJENDRAN, NADAYIL VADAKKATHIL VEETTIL, MNRA NAGAR 36, MULAMKADAKAM WARD, KOLLAM EAST VILLAGE, KOLLAM DISTRICT.
BY ADVS.SRI.PRATHEESH.P.,
SMT.S.SEETHA.
RESPONDENTS/DE-FACTO COMPLAINANT & STATE:
1. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KOLLAM WEST POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
2. SAJEEVAN, AGED 53 YEARS, S/O.RAMU, SANGEETH, AKKARAVILA NAGAR 140, VADAKKEVILA P.O., KOLLAM.
R1 BY PUBLIC PROSECUTOR SRI.AMJAD ALI. R2 BY ADV. SRI.A.MUHAMMED RAFFI.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
Crl.MC.No. 3785 of 2016
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE-1: THE COPY OF FIR IN CRIME NO.873/2010 OF KOLLAM WEST POLICE STATION. ANNEXURE-2: THE COPY OF FINAL REPORT SUBMITTED BY THE SUB INSPECTOR OF POLICE, KOLLAM WEST IN CRIME NO.873/2010. ANNEXURE-3: THE COPY OF AFFIDAVIT SWORN BY THE 2ND RESPONDENT REGARDING SETTLEMENT DATED 15.06.2016.
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
RAJA VIJAYARAGHAVAN.V, J
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Crl.M.C. No.3785 of 2016
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Dated this the 17th day of August, 2016
O R D E R
2nd respondent is the de facto complainant.
Crl.M.C.3785/2016 2
prayer in this petition is to permit them to continue as such by quashing the proceedings. Petitioners pray that an opportunity to redeem themselves be granted and they be permitted to move on with their life as a reformed human beings.
Crl.M.C.3785/2016
3
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 parties to live in peace and harmony. I am of the view that proceedings can justifiably be quashed invoking the powers of this Court under Section 482 of the Code .
In the result, this petition is allowed. Annexure-A2 Final report and all further proceedings against the petitioners, now pending as C.C.No.1597 of 2015 on the file of the Judicial Magistrate of First Class (Temporary), Kollam, are quashed.
Sd/- RAJA VIJAYARAGHAVAN.V., JUDGE
vps
1 issue framed by the court
Whether the criminal proceedings can be quashed under Section 482 CrPC in view of the settlement between parties.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabRelied on¶42
Gian Singh v. State of Punjab (2012 (4) KLT 108)
1 provisions across 1 enactments
Babu
Sayisenan
Rajikumar
State of Kerala
Sajeevan
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Raja Vijayaraghavan V
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