High Court allowed a criminal miscellaneous petition seeking quashing of criminal proceedings against eleven accused persons. The Court held that personal offences had been settled via Lok Adalath, rendering prosecution unnecessary.
All further criminal proceedings against the petitioners accused Nos. 1 to 11 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 3RD DAY OF AUGUST 2016/12TH SRAVANA, 1938
Crl.MC.No. 4536 of 2015 ()
CMP 4889/2013 of JUDICIAL FIRST CLASS MAGISTRATE COURT-IV, KOZHIKODE
PETITIONER(S)/ACCUSED:
1. M. ARAVINDAKSHAN NAIR
2. O. SUREDRAN
3. K. RAJAN, 1/3921 ,DHANYASREE, WEST HILL (PO) KACHERI AMSOM DESOM, KOZHIKODE-673 001
4. PARAMEWARAN
5. BHANUMATHI
6. RAJAN M.K
7. MEENA RAJAN
Crl.MC.No. 4536 of 2015 ()
8. STANCY WILLIAM, 1/3924, NELLIPUNATHIL HOUSE WEST HILL (PO) KACHERI AMSOM DESOM
9. VASANTHAN S/O KESAVAN,NELLIPUNATH PARAMBU HOUSE , WEST HILL (PO) KACHERI AMSOM DESOM, KOZHIKODE-673 001
10. JAGANNADHAN SREEVALSAM, BILATHIKULAM, SIVAKSHETA SANNIDHI,WEST HILL (PO) KACHERI AMSOM DESOM, KOZHIKODE-673 001
11. PRASAD, SREEVADAM, GOPALAN GURIKKAL ROAD WEST HILL (PO) KACHERI AMSOM DESOM, KOZHIKODE DISTRICT
BY ADV. SRI.NIRMAL. S
RESPONDENT(S)/COMPLAINANT & STATE:
1. T.K. RADHAKRISHANAN NAIR
2. STATE OF KERALA,
R1 BY ADVS. SRI.K.M.FIROZ
SMT.M.SHAJNA
SRI.S.KANNAN
R2 BY PUBLIC PROSECUTOR SMT. PUSHPALATHA M.K.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
Crl.MC.No. 4536 of 2015 ()
APPENDIX
PETITIONER(S)' EXHIBITS
| ANNEXUR A1: | TRUE COPY OF THE CM.P NO. 4889/13 DT. 16/8/13 |
|---|---|
| ANNEXUR A2: | TRUE COPY OF A REPORT SUBMITTED TO THE R.D.O BY THE VILLAGE OFFICER ALONG WITH THE SKETCH DT. 12/4/07 |
| ANNEXUR A3: | TRUE COPY OF THE LETTER DT. 9/12/10 |
| ANNEXUR A4: | TRUE COPY OF REPLY UNDER THE RTI ACT EVIDENCING THESE FACTS. DT. 2/12/10 |
| ANNEXUR A5: | TRUE COPY OF THE OS 329/13 BEFORE THE MUNSIFF COURT I (P), KOZHIKODE DT. 25/7/13 |
| ANNEXURE A1: | COPY OF THE AWARD OF THE LOK ADALATH DT 4/7/2015 IN CRL.M.A. 7925/2016 |
| RESPONDENT(S)' | EXHIBITS : NIL. |
//TRUE COPY//
P.A. TO JUDGE
bp
RAJA VIJAYARAGHAVAN.V., J
Crl.M.C. No. 4536 of 2015
ORDER
Crl.M.C. No. 4536 of 2015 -2-
4.07.2015 is produced before this Court detailing the terms of settlement. The 1st respondent has also filed an affidavit asserting that the disputes between the petitioners and 1st respondent have been settled fully and finally. It is submitted by the learned counsel appearing for the 1st respondent that the said respondent has no objection in terminating the criminal proceedings.
Crl.M.C. No. 4536 of 2015 -3-
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.
Sd/-
RAJA VIJAYARAGHAVAN.V., JUDGE
kp/-4.8.16
1 issue framed by the court
Whether criminal charges under IPC sections 143, 144, 147, 148, 149, 379, 427 and others are maintainable in the circumstances when the dispute has been settled.
10 provisions across 1 enactments
Petitioners/Respondent(s) Accused M. Aravindakshan Nair, O. Suredran, K. Rajan, Paramewaran, BhNumathi, Rajan M.K, Meena Rajan, Stancy William, Vasanthan, Jagan
T.K. Radhakrishanan Nair
State of Kerala
Raja Vijayaraghavan.V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
