This court allowed a petition to quash criminal proceedings under Section 482 CrPC as the dispute had been settled amicably, the previous trial yielded no evidence, and the prospects of conviction were remote.
Criminal proceedings pending as C.C. No. 345 of 2015 against the petitioners were 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 16TH DAY OF NOVEMBER 2016/25TH KARTHIKA, 1938
Crl.MC.No. 7153 of 2016 ()
AGAINST THE ORDER/JUDGMENT IN CC 345/2015 of J.M.F.C.-I,KANJIRAPPALLY DATED CRIME NO. 776/2012 OF KANJIRAPPALLY POLICE STATION , KOTTAYAM
PETITIONER(S)/ACCUSED NO.1 & 2.: ------------------------------1. EMILI DEVASIA W/O DEVASIA, AGED 60 YEARS, KUDAKAP[ARAMBIL H, KOOVAPPALLY. 2. JOHNSON, S/O CHACKO, AGED 35, VANNIYI (H), KULAPURAM, KOOVAPPALLY. BY ADVS.SRI.LIJI.J.VADAKEDOM SMT.REXY ELIZABETH THOMAS SRI.RAJEEV JYOTHISH GEORGE
RESPONDENT(S)/STATE, DEFACTO COMPLAINANT & CW2.:
R2,3 BY ADV. SRI.D.KISHORE R BY PUBLIC PROSECUTOR, SRI. AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CONTD...
:2:
Crl.MC.No. 7153 of 2016 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPORT ALONG WITH THE FIR IN CRIME NO.776/12 OF KANJIRAPPALLY POLICE STATION.
ANNEXURE A2 THE CERTIFIED COPY OF THE JUDGMENT DATED 31.3.2015 IN C.C.NO.1127/2013 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT 1, KANJIRAPPILLY.
ANNEXURE A3 THE AFFIDAVIT DATED 30.7.2016 SWORN IN BY THE 2ND RESPONDENT/ DEFACTO COMPLAINANT.
ANNEXURE A3(A) THE AFFIDAVIT DATED 30.7.2016 SWORN IN BY THE 3RD RESPONDENT/CW2.
RESPONDENT(S)' EXHIBITS : NIL
//TRUE COPY//
P.A. TO JUDGE
SKS
RAJA VIJAYARAGHAVAN V., J.
Crl.M.C. No. 7153 of 2016
Dated this the 16th day of November, 2016
O R D E R
Crl.M.C. No. 7153 of 2016 2
themselves into an unlawful assembly and in prosecution
of their common object, threatened the respondents 2 and
3.As many as 5 persons were arrayed as the accused in the final report and the petitioners herein were the accused Nos. 1 and 4. In the absence of the petitioners who had absconded, the case against the accused Nos. 2, 3 and 5 were proceeded with and by Annexure-2 judgment dated 31.03.2015, they were acquitted.
Crl.M.C. No. 7153 of 2016
3
referring to Annexure-3 & 3(a) affidavits submits that they have no further grievance as against the petitioners herein.
8.I am of the firm view that no purpose is going to be served by directing the petitioners to face the trial at this stage. It can only be a futile exercise and will only serve to waste precious judicial time which can be used for more productive work. The prospects of conviction is extremely remote as no evidence of worth could be adduced by the prosecution during the previous trial. This Court will be justified in quashing the proceedings under Section 482 of the Code .
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In the result, this petition is allowed. Annexure-1 final report and all further proceedings against the petitioners now pending as C.C. No. 345 of 2015 on the file of the Judicial First Class Magistrate Court-I, Kanjirappally are
quashed .
Sd/-
RAJA VIJAYARAGHAVAN V.,
JUDGE
SKS
//TRUE COPY//
P.A. TO JUDGE
2 issues framed by the court
Whether criminal proceedings can be quashed under Section 482 CrPC when the dispute has been settled amicably and the prospects of conviction are remote.
Whether directing the petitioners to face trial at this stage would serve any useful purpose.
1 provisions across 1 enactments
Emili Devasia w/o Devasia, Johnson
State of Kerala
Thomas Devasia @ Appachan, Suni Thomas
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
