The High Court of Kerala allowed a petition under Section 482 Cr.P.C. by accused persons reported to have settled with victims. The court quashed the criminal proceedings on the file of the Assistant Sessions Judge, Palakkad, finding no public interest involved.
The proceedings in SC No. 892 of 2016 on the file of the Assistant Sessions Judge, Palakkad 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
MONDAY, THE 16TH DAY OF JULY 2018 / 25TH ASHADHA, 1940
Crl.MC.No. 3924 of 2018
SC 892/2016 OF ASSISTANT SESSIONS (PRINCIPAL) COURT, PALAKKAD
CRIME NO. 1805/2015 OF VADAKKENCHERRY POLICE STATION, PALAKKAD
PETITIONER(S)/ACCUSED NOS.1 TO 6:
1 RAJU @ UNDARAJU,AGED 28 YEARS, S/O.RAJAMANI, ELAMKAVU VEEDU, KIZHAKKENCHERRY, VADAKKENCHERRY, PALAKKAD.
2 PREVEEN, AGED 25 YEARS, S/O.RAMANKUTTY, ELAMKAVU VEEDU, KIZHAKKENCHERRY, VADAKKENCHERRY, PALAKKAD.
3 RAJUL, AGED 25 YEARS, S/O.RADHAKRISHNAN, THAVILL VEEDU, ELAMKAVU, KIZHAKKENCHERRY, VADAKKENCHERRY, ALATHUR, PALAKKAD.
4 RAGESH , AGED 27 YEARS, S/O.RADHAKRISHNAN, THAVILL VEEDU, ELAMKAVU, KIZHAKKENCHERRY, VADAKKENCHERRY, ALATHUR, PALAKKAD.
5 NAVAS, AGED 24 YEARS, S/O.SAINUDHEEN, PUTHEN VEEDU, PUNNAPPADAM, KANIMANGALAM, KIZHAKKENCHERRY, ALATHUR, PALAKKAD.
6 SHIYAS, AGED 22 YEARS, S/O.SHABEER KHAN, KARAPARAMBIL HOUSE, PADOOKKARA.P.O., KOORKENCHERRY, THRISSUR.
BY ADV.SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT(S)/DEFACTO COMPLAINANT CW2, 3 AND STATE::
1. AJITH, AGED 24 YEARS, S/O.ARUMUGHAN, THENGANKODU HOUSE, KIZHAKKENCHERRY, ALATHUR, PALAKKAD - 676 543.
Crl.MC.No. 3924 of 2018
2. ASWADH, AGED 24 YEARS,
3. BIJU, AGED 38 YEARS,
4. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3924 of 2018 ()
APPENDIX
PETITIONER(S)' EXHIBITS
| ANNEXURE A : |
TRUE COPY OF THE FINAL REPORT IN CRIME NO.1805/2015 OF VADAKKENCHERRY POLICE STATION, PALAKKAD WHICH IS NOW PENDING AS S.C.NO.892/2016 OF THE COURT OF ASSISTANT SESSIONS (PRINCIPAL) JUDGE, PALAKKAD. |
|---|---|
| ANNEXURE B : |
AFFIDAVIT SWORN BY THE 1ST RESPONDENT HEREIN EVIDENCING THE AFORESAID SETTLEMENT. |
| ANNEXURE C : |
AFFIDAVIT SWORN BY THE 2ND RESPONDENT HEREIN EVIDENCING THE AFORESAID SETTLEMENT. |
| ANNEXURE D : |
AFFIDAVIT SWORN BY THE 3RD RESPONDENT HEREIN EVIDENCING THE AFORESAID SETTLEMENT. |
| ANNEXURE E : | AFFIDAVIT SWORN BY THE ADDL. 5TH RESPONDENT EVIDENCING THE FACTUM OF SETTLEMENT. |
RESPONDENT'(S) EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
bka/-
K. ABRAHAM MATHEW, J.
-------------------------------------------------Crl.M.C. No. 3924 of 2018
Dated this the 16th day of July, 2018
O R D E R
Petition filed under Section 482 Cr.P.C.
2.The petitioners are the accused in SC No. 892 of 2016
on the file of the Assistant Sessions Judge, Palakkad registered for the offences under Sections 143, 147, 148, 308, 323, & 324 r/w Section 149 of the Indian Penal Code. Respondents 1 to 3 & 5 are the victims. It is submitted that the matter has been settled and the proceedings in the criminal case may be quashed.
3.Heard the learned counsel for the petitioners and respondents 1 to 3 & 5 and the learned Public Prosecutor.
4.I have perused the affidavits filed by respondents 1 to 3 & 5, 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 petitioners.
Crl.M.C. No. 3924 of 2018
..2..
In the result, this Crl.M.C. is allowed. The proceedings in SC No. 892 of 2016 on the file of the Assistant Sessions Judge, Palakkad are quashed. If any material objects have been produced in the case, the learned magistrate may pass appropriate orders for their disposal.
Sd/-
K. ABRAHAM MATHEW JUDGE
bka/16.07.2018
1 issue framed by the court
Whether the proceedings in a criminal case can be quashed upon settlement of the parties with no public interest involved.
1 provisions across 1 enactments
Raju @ Undaraju and others
Ajith and others
State of Kerala
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
