Vineesh v. State of Kerala
Case brief
What is this about?
Courts declined to quash proceedings for heinous offences under IPC Section 307 despite settlement, treating them as crimes against society.
What did the court decide?
Petition to quash the final report dismissed. Court directed lower court to dispose of case expeditiously.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 3RD DAY OF NOVEMBER 2016/12TH KARTHIKA, 1938 Crl.MC.No. 4607 of 2016 () --------------------------AGAINST THE ORDER/JUDGMENT IN CP 45/2016 of J.M.F.C.III,NEYYATTINKARA DATED CRIME NO. 1276/2014 OF BALARAMAPURAM POLICE STATION , THIRUVANANDAPURAM PETITIONER(S): ------------1. VINEESH AGED 32 YEARS, S/O. VIJAYAKUMAR, RESIDING AT VARUVILAKATHU VEEDU, KOTTUKAL VILLAGE, MANGALATHUKONAM, PUTHANKANAM, VENGANOOR VILLAGE, VENGANOOR PO., THIRUVANANTHAPURAM DISTRICT 695523 2. PRADEEP @ BALU S/O. VISWAMBARAN, RESIDING AT CHARUVILA PUTHENVEEDU, KAVINPURAM, ANTHIYOOR DESOM, KOTTUKKAL VILLAGE THIRUVANANTHAPURAM 695523 3. SAJITH KUMAR @ SHANKARAN AGED 28 YEARS, S/O. SUDHAKARAN, RESIDING AT EDAMANAKKUZHI LAKSHMI VILASAM, HOUSE, KOTTUKAL VILLAGE, ANTHIYOOR DESOM, THIRUVANANTHAPURAM DISTRICT PIN 695523 BY ADVS.SRI.J.R.PREM NAVAZ SRI.P.T.SHEEJISH
RESPONDENT(S):
- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM 2. PREM KUMAR AGED 50 YEARS, S/O. RAVEENDRAN, RESIDING AT VARUVILAKATHU
CONTD....
:2:
Crl.MC.No. 4607 of 2016 () ---------------------------
| PUTHEN VEEDU, VENGANOOR PO., THIRUVANANTHAPURAM DISTRICT, PIN-695523 |
|---|
| 3. SHEELA. S |
| AGED 49 YEARS, D/O SREEMATHI, RESIDING AT VARUVILAKATHU HOUSE, MANGALATHUKONAM, PUTHANKANAM, VENGANOOR PO., THIRUVANANTHAPURAM DISTRICT, 695523 |
| R2,3 BY ADV. SRI.AJOY VENU |
| R BY PUBLIC PROSECUTOR, SRI. AMJAD ALI |
| THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON |
| 03-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: |
Issues for consideration
2 issues framed by the court
Whether the inherent power to quash criminal proceedings under Section 307 IPC can be exercised upon settlement of a private dispute.
Whether offences under Section 307 IPC are private in nature or are crimes against society.
Parties & counsel
- petitioner
Vineesh
- petitioner
Pradeep
- petitioner
Sajith Kumar
- respondent
State of Kerala
- respondent
Prem Kumar
- respondent
Case details
As recorded by the court registry
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