Petitioner accused in IPC offences sought premature termination of criminal proceedings alleging settlement of private dispute between the parties. High Court held dispute private and allowed quashing under Section 482 Cr.P.C.
Crl.MC. allowed and all further proceedings in Crime No.636/2016 of Kalpetta Police Station, Wayanad stand 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
FRIDAY, THE 10TH DAY OF FEBRUARY 2017/21ST MAGHA, 1938
Crl.MC.No. 699 of 2017 ()
CRIME NO. 636/2016 OF KALPETTA POLICE STATION, WAYANAD
PETITIONER(S)/ACCUSED:
ABBAS
S/O. MAJEED, AGED 65 YEARS, CHERMOOLA VAYAL, MUTTIL P O, WAYANAD.
BY ADVS.SRI.ALEX.M.SCARIA SMT.SARITHA THOMAS
RESPONDENT(S)/COMPLAINANT:
1. THE SUB INSPECTOR OF POLICE KALPETTA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERANKULAM.
2. RASHID AGED 23 YEARS, S/O. MAJEED ALULLATHIL HOUSE, KAMBALAKKAD P O, KOTTATHARA VILLAGE, VYTHIRI TALUK, WAYANAD - PIN - 673 121.
R2 BY ADV. SRI.G.BAIJURAJ R1 BY PUBLIC PROSECUTOR SRI.AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-02-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 699 of 2017 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.636/16 OF KALPETTA POLICE STATION, WAYANAD.
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.636/16 OF KALPETTA POLICE STATION, WAYANAD.
ANNEXURE A3 THE NOTARIZED AFFIDAVIT DATED 05/01/2017 SIGNED BY THE 2ND RESPONDENT.
RESPONDENT(S)' EXHIBITS : NIL -----------------------
/TRUE COPY/
P. A. TO JUDGE
Pn
SUNIL THOMAS, J.
Crl. M. C. No. 699 of 2017
Dated this the 10th day of February, 2017
O R D E R
The petitioner herein is the sole accused in Crime No.636/2016 of Kalpetta Police Station, Wayanad for offences punishable under Sections 323, 294(b), 506(1), 342 and 353 of IPC.
Crl. M. C. No. 699 of 2017 2
were also wrongfully restrained, in fact, such an incident did not happen. According to the petitioner, the complaint was laid on the basis of some misconception and misunderstanding with respect to a scheme formulated by the Panchayath.
submitted that the petitioner is not involved in any other crime and that the parties have resolved their disputes.
the dispute is essentially of private nature and hence is liable to be quashed invoking Section 482 Cr.P.C.
In the result, Crl.M.C. is allowed. All further proceedings in Crime No.636/2016 of Kalpetta Police Station, Wayanad stand quashed.
Sd/-
SUNIL THOMAS, JUDGE.
Pn
2 issues framed by the court
Whether the criminal proceedings u/s 323, 294(b), 506(1), 342 and 353 IPC should be quashed on the ground that the dispute is of private nature and has been settled.
Whether the High Court can invoke its inherent powers to quash the FIR despite allegations of restraint of Panchayat officers.
1 provisions across 1 enactments
ABBAS
THE SUB INSPECTOR OF POLICE KALPETTA POLICE STATION
RASHID
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
