The High Court of Kerala quashed criminal proceedings pending against the petitioners for trespass, damage, and criminal intimidation. The court invoked its inherent jurisdiction due to a prior settlement agreement and absence of further grievance between the parties.
Crl.M.C. No. 5959 of 2017 was allowed and the entire proceedings in CC No. 1180/2017 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 SUNIL THOMAS
WEDNESDAY, THE 1ST DAY OF NOVEMBER 2017/10TH KARTHIKA, 1939
Crl.MC.No. 5959 of 2017 ()
AGAINST THE ORDER/JUDGMENT IN CC 1180/2017 of J.M.F.C., KUNNAMKULAM CRIME NO. 2007/2016 OF PERAMANGALAM POLICE STATION, THRISSUR
PETITIONER(S)/ACCUSED:
1. GEETHA, AGED 51 YEARS, W/O. RAGHUNATHAN NAIR, VADAKKEDATH HOUSE,
VELLUR P.O, VELLUR DESOM, KOTTAYAM DISTRICT.
2. DEEPA, AGED 44 YEARS, W/O.RAMACHANDRAN NAIR, DEEPTHI NIVAS, ALUVA WEST VILLAGE, VELIYATHNADU DESOM, ALUVA.
3. MANIKANDAN, AGED 53 YEARS, S/O. RAMAN, PUTHUR VEETIL, THOLUR VILLAGE,
PARAPPUR DESOM, THRISSUR DISTRICT.
BY ADVS.SRI.VIJAI MATHEWS SRI.UNNIKRISHNAN.S.
RESPONDENT(S)/STATE AND DE FACTO COMPLAINANT:
1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. LATHA,
AGED 44 YEARS, W/O. RAVEENDRAN, SANKARAN THADATHIL HOUSE,
PARAPPUR P.O, MULLOR VIA, THRISSUR, KERALA - 676 503.
R2 BY ADV. SRI.M.N.VEDARAJ R1 BY PUBLIC PROSECUTOR SRI.E.C.BINEESH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01-11-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5959 of 2017 ()
APPENDIX
PETITIONER(S)' EXHIBITS ----------------------ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.2007/2016 IN CC NO.1180/2017, DATED 18-11-2016. ANNEXURE A2 CERTIFIED COPY OF THE CHARGE IN CC NO.1180/2017, DATED 08-03-2017. ANNEXURE A3 TRUE COPY OF THE SETTLEMENT AGREEMENT, DATED 14-2-2017. ANNEXURE A4 TRUE COPY OF THE RECEIPT, DATED 14-2-2017. ANNEXURE A5 TRUE COPY OF THE CHEQUE, DATED 6-2-2017.
ANNEXURE A6 TRUE COPY OF THE WRITTEN REQUEST GIVEN TO THE SI OF POLICE, PERAMANGALAM POLICE STATION, DATED 14-2-2017.
RESPONDENT(S)' EXHIBITS : NIL
/TRUE COPY/
P. A. TO JUDGE
Pn
SUNIL THOMAS, J.
Crl. M. C. No. 5959 of 2017
Dated this the 1st day of November, 2017
O R D E R
The petitioners are the accused in Crime No.2007/2016 of Peramangalam Police station for offences punishable under Sections 447, 427, 506(i), 294(b) and 34 IPC. It was alleged by the de facto complainant that, on 29.09.2016 at 10.30 a.m. and on 03.10.2016 at about 11.00 a.m., the accused trespassed into the farm of the de facto complainant and threatened the de facto complainant. They caused damages to the farm also. The de facto complainant laid the FIS, pursuant to which crime was registered. After investigation, final report was laid. The matter is now pending as C.C. No.1180/2017 of the Judicial First Class Magistrate Court, Kunnamkulam.
Crl. M. C. No. 5959 of 2017
2
Annexure A4 is the receipt evidencing the payment of money pursuant to the settlement. Annexure A5 is the copy of the cheque, which was issued to the de facto complainant.
Having considered these facts, I am inclined to invoke the jurisdiction under Section 482 Cr.P.C. to give a quietus to the entire dispute. Hence, Crl.M.C. is allowed. All further proceedings in C.C. No.1180/2017 of the Judicial First Class Magistrate Court, Kunnamkulam stand quashed.
SUNIL THOMAS, JUDGE.
Pn
1 issue framed by the court
Whether the High Court should quash the criminal proceedings under Section 482 Cr.P.C. given that the disputes have been settled between the accused and the complainant.
1 provisions across 1 enactments
Geetha
Deepa
Manikandan
State of Kerala
Latha
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
