High Court of Kerala allowed the petition under Section 482 Cr.P.C. to quash criminal proceedings against two police officers accused of assault and molestation. The Court proceeded based on evidence of settlement and lack of prior criminal record.
Criminal proceedings in Crime No. 657/2015 stand quashed with further proceedings stopped.
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
THURSDAY ,THE 01ST DAY OF NOVEMBER 2018 / 10TH KARTHIKA, 1940
Crl.MC.No. 6707 of 2018
CRIME NO. 657/2015 OF HEMAMBIKA NAGAR POLICE STATION, PALAKKAD
PETITIONER/ACCUSED:
1 RAJESHKUMAR C.R, AGED 39 YEARS S/O RAVEENDRAN NAIR, SI OF POLICE, DCRB, ERNAKULAM DISTRICT.
2 RAMKUMAR, CPO, HEMAMBIKA NAGAR POLICE STATION, AKATHETHARA VILLAGE, PALAKKAD DISTRICT.
BY ADVS. SRI.K.S.ARUN KUMAR SRI.JUSTINE JACOB
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031
2 SINDHU, AGED 37 YEARS W/O PAVITHRADAS, THOTTAPPURA HOUSE, AKATHETHARA VILLAGE, HEMAMBIKA NAGAR, PALAKKAD DISTRICT, PIN-678001.
3 HARITHA, AGED 20 YEARS D/O PAVITHRADAS, THOTTAPPURA HOUSE, AKATHETHARA VILLAGE, HEMAMBIKA NAGAR, PALAKKAD DISTRICT, PIN-678001.
BY ADV. SMT.RESMI THOMAS
OTHER PRESENT:
T.R RENJITH PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6707 of 2018
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O R D E R
Petitioners are accused in Crime No.657/2015 of Hemambika Nagar Police Station, Palakkad District for offences punishable under Sections 447, 341, 323, 324, 294(b), 506(ii) read with 34 IPC. The allegation of the prosecution is that on 27.09.2015 at 7.45 p.m., petitioners herein attacked the de facto complainant and her daughter and abused them. Complaint was laid and crime was registered. Investigation is progressing.
2. Pending the proceedings, petitioners have approached this Court contending that the matter
has been settled between the parties. Affidavits in support of the settlement have been produced as Annexures II and III. Learned counsel for the petitioners and the learned counsel for respondents 2 and 3 submitted that the parties have resolved their disputes as evident from Annexures II and III. Learned counsel for the petitioners invited my attention to Crime No.658/2015 of the same
Crl.MC.No. 6707 of 2018
3
Police Station in which respondents 2 and 3 along with another person stand arrayed as accused. The 1st petitioner herein is the de facto complainant in that case. It seems that, that case was quashed by order in Crl.M.C.No.6748/2018, by prematurely terminating the proceedings on the basis of the settlement.
3. The learned Public Prosecutor on
instructions submitted that the parties have resolved their disputes and that the petitioners have no criminal antecedents.
Hence, 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.657/2015 of Hemambika Nagar Police Station, Palakkad District stand quashed.
Sd/-
SUNIL THOMAS, JUDGE
Crl.MC.No. 6707 of 2018
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 TRUE COPY OF THE FIR IN CRIME NO.657/2015 OF HEMAMBIKA NAGAR POLICE STATION. ANNEXURE II TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT. ANNEXURE III TRUE COPY OF THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT.
Pn 01/11
2 issues framed by the court
Whether criminal proceedings against accused police officers can be quashed in view of settlement between parties.
Whether invocation of inherent jurisdiction to quash proceedings is justified given no criminal antecedents of petitioners.
1 provisions across 1 enactments
RAJESHKUMAR C.R
RAMKUMAR
STATE OF KERALA
SINDHU
HARITHA
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
