In a criminal matter under Section 482 Cr.P.C., the petitioner challenged the proceedings based on alleged settlement. The court reviewed the affidavit of the victim and found no public interest involved, leading to the quashing of proceedings against the petitioners.
The proceedings in CP No. 100 of 2017 against the petitioners 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
TUESDAY, THE 12TH DAY OF JUNE 2018 / 22ND JYAISHTA, 1940
Crl.MC.No. 2549 of 2018
----------------------CP 100/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1, KAYAMKULAM CRIME NO.392/2011 OF VALLIKUNNAM POLICE STATION, ALAPPUZHA
--------------
PETITIONER(S)/ACCUSED NO.4 & 5
1 HARIKRISHNAN, AGED 27 YEARS,S/O.RADHAKRISHNA KURUP, MANNOOR BHAVAN, KADUVINAL, VALLIKUNNAM.
2 VIJITH, AGED 31 YEARS, S/O.VIDHAYNADAN,VINEETH BHAVANAM, KADUVINAL VALLIKKUNAM.
BY ADVS.SRI.R.SUNIL KUMAR SMT.A.SALINI LAL
RESPONDENT(S)/DE-FACTO COMPLAINANT:
1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, THROUGH S.I. OF POLICE, HARIPPAD.682031
2. VENUGOPAL, AGED 50 YEARS,S/O.MADHAVAN,VALIYAVILAYIL VEEDU, KADUVINAL MURI, VALLIKKUNNAM.690501
R1 BY SENIOR PUBLIC PROSECUTOR SRI ALEX M THOMBRA R2 BY ADV.SRI.S.ANIL
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.V.
Crl.MC.No. 2549 of 2018 ()
PETITIONER(S)' ANNEXURES
ANNEXURE 1 COPY OF THE FINAL REPORT.
ANNEXURE 2 AFFIDAVIT FILED BY THE 2ND RESPONDENT.
RESPONDENTS ANNEXURES: NIL
K.V. P.S.TO JUDGE
13.06.2018
K. ABRAHAM MATHEW, J.
-------------------------------------------------Crl.M.C. No. 2549 of 2018
Dated this the 12th day of June, 2018
O R D E R
Petition filed under Section 482 Cr.P.C.
2.The petitioners are the accused 4 & 5 in CP No. 100 of
2017 on the file of the Judicial First Class Magistrate Court-I, Kayamkulam. They along with the co-accused allegedly committed the offences under Sections 143, 147, 148, 308 & 324 r/w Section 149 of the Indian Penal Code and Section 27(2) of the Arms Act. 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. 2549 of 2018
..2..
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 CP No. 100 of 2017 on the file of the Judicial First Class Magistrate Court-I, Kayamkulam as against the petitioners are quashed.
Sd/- K. ABRAHAM MATHEW JUDGE
bka/12.06.2018
3 issues framed by the court
Whether proceedings in a criminal case can be quashed upon settlement and absence of public interest.
Whether Section 482 Cr.P.C. can be invoked to quash proceedings against absconding co-accused if the other accused are in attendance.
Whether the settlement alleged by the parties is valid enough to quash the criminal proceedings.
1 provisions across 1 enactments
HARIKRISHNAN
VIJITH
STATE OF KERALA
VENUGOPAL
K. ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
