The High Court of Kerala, invoking Section 482 Cr.P.C., allowed the probationers' petition to quash proceedings under Sections 341, 323, 354, 452, 506 IPC following a settlement between the accused and the de facto complainant.
The entire criminal proceedings in Crime No. 415/2018 stood 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 13TH DAY OF JULY 2018 / 22ND ASHADHA, 1940
Crl.MC.No. 3483 of 2018
CRIME NO. 415/2018 OF MANANTHAVADY POLICE STATION, WAYANAD
PETITIONER(S)/ACCUSED 1 AND 2
1. MUHAMMED JURAIJ, AGED 19 YEARS, S/O.HASSAN, NUCHIYAN HOUSE, ANJUKUNNU P.O., MANANTHAVADY TALUK, WAYANAD DISTRICT.
2. SUFIYAN, AGED 23 YEARS, S/O.YAHIYA, THANNIKKAL HOUSE, ANJUKUNNU P.O., MANANTHAVADY TALUK, WAYANAD DISTRICT.
BY ADVS.SMT.HEMALATHA SRI.BINU GEORGE
RESPONDENT(S)/DEFACTO COMPLAINANT/VICTIM-STATE
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKUALM 682031.
2. HASIFA K.A., AGED 18 YEARS, D/O.RIYAS, KURIKKAL HOUSE, CLUB KUNNU, MANANTHAVADY POST, MANANTHAVADY TALUK, WAYANAD DISTRICT 670 645.
3. SOUJA, AGED 40 YEARS, W/O.RIYAS, KURIKKAL HOUSE, CLUB KUNNU, MANANTHAVADY POST, MANANTHAVADY TALUK, WAYANAD DISTRICT 670 645.
R2 & R3 BY ADV. SMT.MARY RANZOM LOUIZ R1 BY PUBLIC PROSECUTOR SRI.T.R.RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3483 of 2018
APPENDIX
PETITIONERS' EXHIBITS
ANNEXURE A1 CERTIFIED COPY OF THE FIR NO.415/2018 OF MANANTHAVADY POLICE STATION. ANNEXURE A2 AFFIDAVIT DATED 21.05.2018 SWORN BY THE 2ND RESPONDENT. ANNEXURE A3 AFFIDAVIT DATED 21.05.2018 SWORN BY THE 3RD RESPONDENT.
RESPONDENTS' EXHIBITS : NIL
/TRUE COPY/
P. A. TO JUDGE
Pn 13/07
SUNIL THOMAS, J.
Crl. M. C. No. 3483 of 2018
Dated this the 13th day of July, 2018
O R D E R
Petitioners are accused Nos.1 and 2 in Crime No. 415/2018 of Mananthavady Police Station, Wayanad District for offences punishable under Sections 341, 323, 354, 452, 506 read with 34 of IPC. According to the de facto complainant, on 05.05.2018, the accused illegally trespassed into the house of the de facto complainant and attacked his mother. Complaint was laid and crime was registered. While the investigation is progressing, the parties discussed the matter and they resolved their disputes.
Crl. M. C. No. 3483 of 2018
2
Having considered these facts, I am inclined to invoke the jurisdiction under Section 482 Cr.P.C. to quash the entire proceedings. Accordingly, Crl.M.C. is allowed. All further proceedings in Crime No. 415/2018 of Mananthavady Police Station, Wayanad District stand quashed.
Sd/-
SUNIL THOMAS, JUDGE.
Pn 13/07
1 issue framed by the court
Whether the court may invoke Section 482 Cr.P.C. jurisdiction to quash criminal proceedings based on a settlement reached between parties?
1 provisions across 1 enactments
MUHAMMED JURAIJ
SUFITYAN
STATE OF KERALA
HASIFA K.A.
SOUJA
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
