In a criminal case for assault, the Court allowed the petition and quashed the proceedings invoking powers under Section 482 CrPC, noting the parties had settled, the offence was personal, and conviction was remote.
All further proceedings against the petitioner in Crime No.58 of 2018 of Kolathur Police Station, Malappuram, shall 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 RAJA VIJAYARAGHAVAN V
TUESDAY, THE 15TH DAY OF MAY 2018 / 25TH VAISAKHA, 1940
Crl.MC.No. 2786 of 2018
CRIME NO. 58/2018 OF KOLATHUR POLICE STATION , MALAPPURAM ---------------------------------
PETITIONER(S)/ACCUSED
SHAFEEQ.P S/O ASHRAF, PULLATHODI HOUSE, CHEMMALASSERY POST, PULAMANTHOLE, MALAPPURAM.
BY ADV.SRI.MANSOOR.B.H.
RESPONDENT(S)/COMPLAINANT/ STATE:
1. STATE OF KERALA REP BY: PUBLIC PROSECUTOR, HIGH COURT OF KERALA 682031 THROUGH STATION HOUSE OFFICER, KOLATHUR POLICE STATION, MALAPPURAM DISTRICT.
2. RAJEEV.U AGED 32 YEARS, S/O KRISHNAN, UNGITHARAKKAL HOUSE, VALAPURAM POST, KARUVAMBALAM, PERINTHALMANNA, 679 326.
R2 BY ADV. SRI.B.H.ANSIL
R1 BY PUBLIC PROSECUTOR SRI.HRITHWIK C.S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-05-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
AD
Crl.MC.No. 2786 of 2018 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A: CERTIFIED COPY OF THE F.I.R AND F.I.S IN CRIME NO.58/2018 OF KOLATHUR POLICE STATION
ANNEXURE B: AFFIDAVIT OF SETTLEMENT OF SECOND RESPONDENT/ DEFACTO COMPLAINANT.
RESPONDENT'S EXHIBITS
NIL
//TRUE COPY//
P.A TO JUDGE
AD
RAJA VIJAYARAGHAVAN V, J.
Crl.M.C.No.2786 of 2018
Dated this the 15th day of May, 2018
O R D E R
petitioner wrongfully restrained the 2nd respondent and attacked him causing injuries.
they have managed to resolve the disputes and have been living in peace and harmony. The 2nd respondent has also
Crl.M.C.No.2786 of 2018 2
sworn an affidavit asserting that he has no subsisting grievance. Copious reliance is placed on Parbatbhai Aahir
@ Parbatbhai Bhimsinhbhai Karmur And Ors Versus State Of Gujarat And Anr. [2017 (9) SCC 641] to substantiate their contention.
5.I have given my anxious consideration to the submissions
made across the Bar and I have also gone through the materials on record. It appears that the offence is entirely personal in nature. The allegations levelled against the petitioner cannot be categorized as extremely heinous reeking of mental depravity on the part of the accused. In a case such as the instant one, even if the prosecution is permitted to drag on, it would not serve any purpose as the possibility of conviction is remote and bleak. It can only result in putting the de facto complainant and the accused to unwanted oppression and prejudice. Settlement will augur well for the interest of the community and will enable the parties to live in peace and harmony. I am of the view that proceedings can justifiably be quashed invoking the powers of this Court under Section 482 of the Code .
Crl.M.C.No.2786 of 2018 3
In the result, this petition is allowed. All further proceedings against the petitioner in Crime No.58 of 2018 of Kolathur
Police Station, Malappuram, shall stand quashed.
Sd/-
RAJA VIJAYARAGHAVAN V., JUDGE
ps/15/5/2018
//true copy//
P. S to Judge
1 issue framed by the court
Whether the proceedings in the criminal case can be quashed under Section 482 CrPC due to settlement and remote possibility of conviction.
Colour shows how this judgement treated each authority
Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur And Ors Versus State Of Gujarat And Anr.Referred¶39
Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur And Ors Versus State Of Gujarat And Anr. [2017 (9) SCC 641] · Who else cites this
1 provisions across 1 enactments
Shafeeq.P
Rajeev.U
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Raja Vijayaraghavan V
Parties & counsel
