The High Court allowed the petition under Section 482 Cr.P.C. to quash criminal proceedings registered against the petitioner for offences under Sections 294(b), 447, and 506 of the IPC, as the matter had been settled by the victims and no public interest was involved.
The proceedings in CC No. 540 of 2015 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 K.ABRAHAM MATHEW
TUESDAY, THE 12TH DAY OF JUNE 2018 / 22ND JYAISHTA, 1940
Crl.MC.No. 2756 of 2018
----------------------CC 540/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II,PATHANAMTHITTA CRIME NO.102/2015 OF KONNI POLICE STATION, PATHANAMTHITTA -----------
PETITIONER/ACCUSED
JEEMON @ G.S.VARGHESE, S/O.VARGHESE SAMUEL, AGED 45 YEARS,ELLIRIKKAL HOUSE, ATTACHAKKAL, KONNI THAZHAM VILLAGE, KONNI TALUK, PATHANAMTHITTA DISTRICT.
BY ADVS.SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM SMT.V.T.LITHA SMT.SRUTHI SARA JACOB
RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE S.I.OF POLICE, KONNI POLICE STATION.
2. SUDARSANAN, S/O.NARAYANAN NAIR, 51 YEARS, CHERIVUKALAYIL HOUSE, MALAPPARA,IRAVAN VILLAGE, KONNI TALUK, PATHANAMTHITTA-689 691.
3. THOMAS, S/O. KOSHY,AGED 55 YEARS,KIZHAKKEPARAMBIL HOUSE, KANNANMALA, ATTACHAKKAL, THAZHAM MURI, KONNI THAZHAM VILLAGE, KONNI TALUK, PATHANAMTHITTA - 689 692. R1 BY SENIOR PUBLIC PROSECUTOR SRI C.S.HRITHWICK R2,R3 BY ADV. SRI.DENNY VARGHESE
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. 2756 of 2018 ()
PETITIONER(S)' ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE FIR & FIS IN CRIME NO. 102/2015 OF KONNY POLICE STATION DATED 10.02.2015. ANNEXURE A2 CERTIFIED COPY OF FINAL REPORT,SCENE MAHAZAR AND STATEMENT OF WITNESSES IN CRIME NO. 102/2015 OF KONNY POLICE STATION DATED 10.02.2015 PENDING AS C.C.NO. 540/2015 OF JFMC COURT NO.II, PATHANAMTHITTA. ANNEXURE A3 TRUE COPY OF THE AFFIDAVIT OF THE 2ND RESPONDENT DATED 01.02.2018. ANNEXURE A4 TRUE COPY OF THE AFFIDAVIT OF THE 3RD RESPONDENT DATED 01.02.2018.
RESPONDENTS ANNEXURES: NIL
K.V. P.S.TO JUDGE 13.06.2018
K. ABRAHAM MATHEW, J.
Crl.M.C. No. 2756 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 petitioner is the accused in CC No. 540 of 2015 on the file of the Judicial First Class Magistrate Court-II, Pathanamthitta registered for the offences under Sections 294(b), 447 & 506 of the Indian Penal Code. The respondents 2 & 3 are the victims. It is submitted that the matter has been settled and the proceedings in the criminal case may be quashed.
who have entered appearance through counsel. I am satisfied that the allegation of settlement is true and no public interest is involved. There is no impediment for granting the prayer of the petitioner.
In the result, this Crl.M.C. is allowed. The proceedings in CC
No. 540 of 2015 on the file of the Judicial First Class Magistrate Court-II, Pathanamthitta are quashed.
Sd/-
K. ABRAHAM MATHEW JUDGE
bka/12.06.2018
1 issue framed by the court
Whether the criminal proceedings may be quashed under Section 482 Cr.P.C. as the dispute has been amicably settled between the accused and the victims.
2 provisions across 2 enactments
Jeemon @ G.S. Varghese
State of Kerala
Sudarsanan
Thomas
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
