The High Court of Kerala allowed a criminal miscellaneous petition under Section 482 Cr.P.C. seeking quashing of criminal proceedings against the petitioners for alleged offenses under sections 143, 147, and 188 IPC. The case was quashed on the grounds of settlement and lack of public interest.
The proceedings in the Criminal Case No. 337 of 2007 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 K.ABRAHAM MATHEW
FRIDAY, THE 16TH DAY OF MARCH 2018 / 25TH PHALGUNA, 1939
Crl.MC.No. 1451 of 2018
CC.337/2007 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ERNAKULAM CRIME NO.1760/2006 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM
PETITIONERS/ACCUSED NO.2,3,5,6,8 & 9 :
1 FR.ZACHARIA, AGED 39 YEARS, S/O.MATHAI, ALLUPARAMBIL HOUSE, MULANTHURUTHY VILLAGE, ERNAKULAM.
2 M.ISSAC, AGED 78 YEARS, S/O.K.MATHAI, KADAVIL HOUSE, PANAMPILLY NAGAR, HOUSE NO.G.262, ELAMKULAM VILLAGE, ERNAKULAM.
M.P.JOHN @ SUNNY, AGED 56 YEARS, S/O.JOHN, MAYANAMKUZHIYIL HOUSE, VENNALA-JANATHA ROAD, EDAPPILLY SOUTH VILLAGE, ERNAKULAM.
4 K.K.JACOB, AGED 73 YEARS, S/O.KURIYAN ALEXANDER, KALLUPARAMBIL HOUSE, H.NO:-29/1565, VYTTILA, POONITHURA VILLAGE, ERNAKULAM.
5 ABRAHAM P.SIMENON, AGED 56 YEARS, S/O.SIMENON, KOCHU VEETHIL, C.P.CROSS ROAD, KADAVANTHRA, ELAMKULAM VILLAGE, ERNAKULAM.
6 T.C.VARGHESE, AGED 65 YEARS, S/O.CHACKO, PEPPYS, BLOSSOM ROAD, H.NO.37/735, KADANTHRA, ELAMKULAM VILLAGE, ERNAKULAM.
BY ADVS.SRI.M.V.SABU SRI.P.D.PRATHISH
Crl.MC.No. 1451 of 2018
RESPONDENT:
1. STATE OF KERALA, (REPRESENTED BY THE SUB INSPECTOR OF POLICE, ERNAKULAM CENTRAL POLICE STATION CRIME NO.1760/06) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. BABU MATHEW, AGED 71 YEARS, S/O.MATHEW KORA, MUTHALATHARA HOUSE, CHITTA KADAVU ROAD, CHOORAKKAD, TRIPUNITHURA, ERNAKULAM.
R1 BY SR. PUBLIC PROSECUTOR SRI.C.S.HRITWIK R2 BY ADV. SRI.GEO PAUL
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
EL
Crl.MC.No. 1451 of 2018
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A1 CERTIFIED COPY OF THE FIR NO.1760/2006 DATED 25.12.2006 OF CENTRAL STATION, ERNAKULAM. ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.337 OF 2007 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, ERNAKULAM. ANNEXURE A3 AFFIDAVIT DATED 3.2.2018 PRODUCED BY THE 2ND RESPONDENT. ANNEXURE A4 TRUE COPY OF THE ORDER IN 15.02.2018 CRL.M.C.NO.1356/20 OF THIS HON'BLE COURT.
RESPONDENT(S)' ANNEXURE
NIL
TRUE COPY P.S. TO JUDGE
EL
16.3.2018
K. ABRAHAM MATHEW, J.
Crl.M.C. No. 1451 of 2018
Dated this the 16th day of March, 2018
O R D E R
Petition filed under Section 482 Cr.P.C.
2.Petitioners are accused 2, 3, 5, 6, 8 & 9 in CC No. 337 of 2007 on the file of the Judicial First Class Magistrate Court-II, Ernakulam. They along with the co-accused allegedly committed the offences under Sections 143, 147, 188, 448 r/w Section 149 of the Indian Penal Code. The second respondent is the victim. It is submitted that the matter has been settled and the proceedings in the criminal case may be quashed.
Crl.M.C. No. 1451 of 2018
..2..
the allegation of settlement is true and no public interest is involved. There is no impediment for granting the prayer of the petitioners.
In the result, this Crl.M.C. is allowed. The proceedings in CC No. 337 of 2007 on the file of the Judicial First Class Magistrate Court-II, Ernakulam are quashed. If any material object has been produced in the case, the learned magistrate may pass appropriate orders for disposal.
Sd/-
K. ABRAHAM MATHEW JUDGE
bka/16.03.2018
2 issues framed by the court
Whether the proceedings under sections 143, 147, 188 IPC should be quashed on the ground of settlement and absence of public interest.
Whether there is any impediment for granting the prayer of the petitioners to quash the criminal proceedings.
2 provisions across 2 enactments
FR.ZACHARIA
STATE OF KERALA
BABU MATHEW
K. ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
