This revision petition allowed the quashing of criminal proceedings against two accused due to a complete settlement between the parties following an injury incident.
All further proceedings in C.C. No. 460/2014 as against the petitioners 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 B.KEMAL PASHA
FRIDAY, THE 5TH DAY OF FEBRUARY 2016/16TH MAGHA, 1937
Crl.MC.No. 527 of 2016
CC 460/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYANNUR. CRIME NO. 727/2013 OF PERINGOME POLICE STATION, KANNUR.
PETITIONER(S)/ACCUSED NOS. 1 AND 2:
1. BHASKARAN, PANAYANTHATTA VALAPPIL,
2. PANAYANTHATTA VALAPPIL KARUNAKARAN,
BY ADVS.SRI.TITUS MANI
SRI.P.A.JACOB SRI.BINNY THOMAS
RESPONDENT(S)/COMPLAINANT/DE FACTO COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. PRAKASHAN KIZHAKKUNNUMMAL, AGED 39 YEARS, S/O CHINDAN, PARAKKADAVU, NEAR KOTTOOR UP SCHOOL, P.O. KUTTOOR, KANNUR DISTRICT, PIN-678 008.
3. MANIKANDAN P.V, AGED 33 YEARS, S/O KUNHIRAMAN, PANAYANTHATTA VALAPPIL, P.O. KUTTOOR, KANNUR DISTRICT, PIN-670 008.
R1 BY PUBLIC PROSECUTOR SMT.MAYA R2 & R3 BY ADV. SRI.ABHILASH S.FRANCIS
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No. 527 of 2016
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEXURE A-1: A CERTIFIED COPY OF THE COMPLAINT DATED 25/10/13. ANNEXURE A-2: A CERTIFIED COPY OF THE FIR IN CRIME NO. 727/13 DATED 11/11/13 OF PERINGOME POLICE PERINGOME ANNEXURE A-3: A CERTIFIED COPY OF THE FINAL REPORT NO. 102/14 DATED 16/1/14 INCRIME NO. 727/13 OF THE PAZHAYANGADI POLICE STATION. ANNEXURE A-4: AN AFFIDAVIT IN ORIGINAL FILED BY THE 2ND RESPONDENT. ANNEXURE A-5: AN AFFIDAVIT IN ORIGINAL FILED BY THE 3RD RESPONDENT.
RESPONDENT(S)' ANNEXURES:
NIL
//TRUE COPY//
P.S. TO JUDGE
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B. KEMAL PASHA, J.
................................................................ CRL.M.C. No. 527 of 2016
............................................................... Dated this the 5th day of February, 2016
O R D E R
Petitioners are accused Nos.1 and 2 in C.C. No.460/2014 of the Judicial First Class Magistrate's Court, Payyannur, which has arisen from Crime No.727/2013 of the Peringome Police Station, registered for the offences punishable under Sections 323, 324, 341 and 506(1) read with Section 34 of the Indian Penal Code.
CRL.M.C.No. 527 of 2016
-: 2 :-
purpose would be served in proceeding with the matter further, and therefore, all further proceedings in C.C. No.460/2014 of the Judicial First Class Magistrate's Court, Payyannur, as against the petitioners, based on Annexure A- 3 Final Report in Crime No.727/2013 of the Peringome Police Station, can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C. No.460/2014 of the Judicial First Class Magistrate's Court, Payyannur, as against the petitioners, based on Annexure A-3 Final Report in Crime No.727/2013 of the Peringome Police Station, are hereby quashed.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
[True copy] P.S. to Judge
2 issues framed by the court
Whether to quash criminal proceedings against petitioners after settlement of the grievance.
Whether the quashing of proceedings would serve any purpose given the settlement and trivial injuries.
2 provisions across 2 enactments
BHASKARAN, PANAYANTHATTA VALAPPIL
PANAYANTHATTA VALAPPIL KARUNAKARAN
STATE OF KERALA
PRAKASHAN KIZHAKKUNNUMMAL
MANIKANDAN P.V
B. KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
