In a quashing petition under Section 482 Cr.P.C., the High Court of Kerala allowed the petition and quashed the criminal proceedings for theft, holding that the compromise was voluntary and genuine, serving the community's interest.
Proceedings in C.C. No.633 of 2018 against petitioners 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 RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 20TH DAY OF MARCH 2019 / 29TH PHALGUNA, 1940
Crl.MC.No. 1256 of 2019
(TO QUASH ANNEXURE I COMPLAINT IN CC NO.633/2018 ON THE FILES OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, TALIPARAMBA
PETITIONERS/ACCUSED:
1 ANU CHANDRASEKHARA KURUP, AGED 22 YEARS, DAUGHTER OF CHANDRASEKHARA KURUP, THALAKKALA, VIA. HOSUNGADI, KADAMBAR P.O., KASARAGOD DISTRICT.
2 JALAJA MANI, AGED 57 YEARS, WIFE OF CHANDRASEKHARA KURUP, THALAKKALA, VIA. HOSUNGADI, KADAMBAR P.O., KASARAGOD DISTRICT.
BY ADVS.
SMT.O.V.BINDU SRI.ALAN PAPALI
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.
2 PRIJESH T., AGED 30 YEARS, SON OF PADMANABHAN, KAPPUVA VEETTIL, CHAMAKKAL, PAYYAVOOR P.O., PAYYAVOOR AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT, PIN- 670633.
BY ADV. SRI.J.VIMAL
OTHER PRESENT:
R1 BY PUBLIC PROSECUTOR SRI. AJITH MURALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
This petition is filed under Section 482 of the Cr.P.C.
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proceedings would resolve a festering private dispute between the parties and it is prayed that the proceedings be quashed.
the Apex Court has held that in appropriate cases, the High Court can take note of the amicable resolution of disputes between the victim and the wrongdoer to put an end to the criminal proceedings. This
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view was reiterated in Narinder Singh v. State of Punjab [(2014) 6 SCC 466] and Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653] .
In the result, this petition is allowed. All further proceedings in C.C. No.633 of 2018 on the file of the Judicial First Class Magistrate Court, Taliparamba against the petitioners herein are quashed.
SD/-
RAJA VIJAYARAGHAVAN V., JUDGE
krj
//TRUE COPY// P.A. TO JUDGE
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE I TRUE COPY OF THE COMPLAINT IN C.C.NO.633/2018 DATED 04.05.2018 FILED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, TALIPARAMBA.
ANNEXURE II AFFIDAVIT DATED 11.02.2019 SWORN BY THE 2ND RESPONDENT.
RESPONDENTS’ EXHIBITS:-NIL
1 issue framed by the court
Whether Section 482 Cr.P.C. allows quashing of criminal proceedings upon settlement of a private dispute regarding theft.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabFollowed¶33
[(2012) 10 SCC 303] · Who else cites this
Narinder Singh v. State of PunjabReferred¶34
[(2014) 6 SCC 466] · Who else cites this
Yogendra Yadav and Others v. State of Jharkhand and AnotherReferred¶34
[(2014) 9 SCC 653] · Who else cites this
1 provisions across 1 enactments
ANU CHANDRASEKHARA KURUP
JALAJA MANI
STATE OF KERALA
PRIJESH T.
RAJA VIJAYARAGHAVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
