The High Court of Kerala refused to quash criminal proceedings under Section 482 Cr.P.C. due to the accused’s history of repeat offenses and lack of strictly personal nature in the dispute, dismissing the petition despite a settlement.
No relief granted; criminal proceedings against petitioners not 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
THURSDAY, THE 24TH DAY OF NOVEMBER 2016/3RD AGRAHAYANA, 1938
Crl.MC.No. 5797 of 2016 ()
AGAINST THE ORDER/JUDGMENT IN SC 236/2015 of II ADDL.SUB COURT,TRIVANDRUM DATED CRIME NO. 1119/2014 OF THUMBA POLICE STATION , THIRUVANANDAPURAM
PETITIONER(S)/ACCUSED 1 AND 2:
BY ADVS.SRI.N.KRISHNA PRASAD SRI.P.G.PRAMOD
RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT:
R2 BY ADV. SRI.KANDAMPULLY RAHUL
R BY PUBLIC PROSECUTOR, SRI. AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CONTD...
:2:
Crl.MC.No. 5797 of 2016 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A1: A TRUE COPY OF THE CHARGE SHEET IN S.C.NO.236/2015 OF SECOND ADDITIONAL ASSISTANT SESSIONS COURT, THIRUVANANTHAPURAM
ANNEXUR A2: AFFIDAVIT FILED BY THE 2ND RESPONDENT STATING THAT HE DOES NOT WANT TO PROCEED WITH S.C.NO.236/2015 OF SECOND ADDITIONAL ASSISTANT SESSIONS COURT, THIRUVANANTHAPURAM
RESPONDENT(S)' EXHIBITS : NIL
//TRUE COPY//
P.A. TO JUDGE
SKS
RAJA VIJAYARAGHAVAN.V, J
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Crl.M.C. No. 5797 of 2016
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Dated this the 24th day of November, 2016
O R D E R
Crl.M.C.No. 5797 of 2016 2
resolved their disputes. According to the learned counsel, the disputes are purely personal in nature and in view of the settlement arrived at between the parties, continuance of criminal proceedings would be an abuse of process.
6.The learned Public Prosecutor on the other hand, strongly objected to the prayer for quashing the proceedings. It is submitted that the petitioners are inverterate offenders and they are involved in several crimes. Reference is made to Crime No. 32 of 2006 registered inter alia for offences punishable under Section 3 of the Explosive Substances Act, Crime No. 268 of 2007, Crime No. 91 of 2008, Crime No. 120 of 2008, Crime No. 271 of 2009, Crime No. 687 of 2012, Crime No. 500 of 2013, Crime
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No. 517 of 2013 and Crime No. 417 of 2014 registered for various offences under IPC. The learned Public Prosecutor further submitted that accused No. 1 is a known goon and his name is included in the rowdy history sheet.
7.I have considered the rival submissions and I have gone through the materials on record. I am of the considered view that the powers under section 482 of the Code cannot be invoked to grant relief to the petitioners who have a long history sheet of involvement in crimes. The inherent power under Section 482 of Cr.P.C. though unrestricted and undefined should not be capriciously or arbitrarily exercised, but should be exercised in appropriate cases, ex debito justitiae to do real and substantial justice for the administration of which alone the courts exist. The same has to be exercised sparingly, carefully and with great caution.
8.The act of the petitioner in indulging in crimes one after
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the other deters this Court from exercising the inherent powers as it has the tendency to disturb the peace and tranquility of the general public. The offence therefore cannot be said to be strictly personal in nature. I do not find any justifiable ground for quashing the proceedings in exercise of the inherent powers conferred under section 482 Cr.P.C.
The petition will stand dismissed.
Sd/- RAJA VIJAYARAGHAVAN.V.
JUDGE
SKS
//TRUE COPY//
P.A. TO JUDGE
2 issues framed by the court
Whether Section 482 Cr.P.C. powers can be invoked to quash proceedings when the accused has a history of repeat offenses.
Whether the dispute is strictly personal in nature to justify quashing mutual settlement.
1 provisions across 1 enactments
SIVA PRASAD
BIJU @ UNNI
STATE OF KERALA
SUBHASH CHANDRA BOSE
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
