The High Court allowed the petition to quash criminal proceedings under Section 482 Cr.P.C. regarding allegations of trespass and burning a tree. The court quashed the case after the victim accused and the petitioners reached a settlement.
Proceedings under CC No. 705 of 2014 are quashed based on the final report and agreement between parties.
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 18TH DAY OF JUNE 2019 / 28TH JYAISHTA, 1941
Crl.MC.No.1798 of 2019
AGAINST THE ORDER/JUDGMENT IN CC 705/2014 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -I, MAVELIKKARA
CRIME NO.80/2014 OF MAVELIKKARA POLICE STATION , ALAPPUZHA
PETITIONERS / ACCUSED:
1 SUBHASH, AGED 54 YEARS, S/O. KUTTAPPAN, KIZHAKKEPANAYANNAMURI HOUSE, KOTTARKAVU MURI, MAVELIKARA VILLAGE,
ALAPPUZHA DISTRICT.
2 SAJU SAMUEL, AGED 61 YEARS
S/O. K.C SAMUEL, KIZHAKKEPANAYANNAMURI HOUSE, KOTTARKAVU MURI, MAVELIKARA VILLAGE, ALAPPUZHA DISTRICT.
BY ADV. SRI.B.RENJITHKUMAR
RESPONDENT/S:
1 STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, MAVELIKARA POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31.
2 USHA, W/O. KARTHIKEYAN, RESIDING AT KIZHAKKEPANAYANNAMURI VEETTIL, KOTTARKAVU MURI, MAVELIKARA VILLAGE, ALAPPUZHA DISTRICT, PIN 690 101.
BY ADV. SMT.AJITHALAKSHMI SABU
OTHER PRESENT:
SRI AJITH MURALI PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.1798 of 2019
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ORDER
This petition is filed under Section 482 of the Cr.P.C.
seeking to quash the proceedings pending against them as CC No. 705 of 2014 on the file of the Judicial First Class Magistrate Court-I, Mavelikkara, wherein they face accusations of having committed offences punishable under Sections 112, 427, 435 & 447 r/w Section 34 of the IPC.
5. It is submitted by the learned counsel appearing for the
parties that the parties have managed to resolve their disputes and
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Crl.MC.No.1798 of 2019
have agreed to live peaceably. It is asserted that in the affidavit sworn to by the victim, she has stated that she has no further grievance against the petitioners. They maintain that the termination of the criminal proceedings would resolve a festering private dispute between the parties and enable her to pursue her life as law abiding citizen. According to the learned counsel, no purpose would be served in continuing with the criminal proceedings in view of the changed circumstances.
Crl.MC.No.1798 of 2019
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Parbatbhai Aahir v. State of Gujarat [2017 (12) SCALE 187] .
In the result, this petition is allowed. Annexure A1 final report and all further proceedings pursuant thereto against the petitioners now pending as CC No. 705 of 2014 on the file of the Judicial First Class Magistrate Court-I, Mavelikkara are quashed.
RAJA VIJAYARAGHAVAN V., JUDGE
Sd/-
Bka/18.06.2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE FINAL REPORT DATED 21-12014 IN CC 705/2014 IN THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, MAVELIKARA
ANNEXURE A2 TRUE COPY OF THE MEMORANDUM OF AGREEMENT DATED 23-1-2019 BEFORE THE MEDIATION CENTRE SIGNED BY THE PARTIES THEREIN INCLUDING THE 2ND RESPONDENT IN THE ABOVE CRL.M.C
ANNEXURE A3 TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT.
2 issues framed by the court
Whether criminal proceedings for trespass and burning of property should be quashed due to a compromise between parties.
Whether amicable resolution of a private dispute justifies quashing criminal proceedings under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabFollowed¶36
Gian Singh v. State of Punjab [(2012) 10 SCC 303] · Who else cites this
Parbatbhai Aahir v. State of GujaratFollowed¶39
Parbatbhai Aahir v. State of Gujarat [2017 (12) SCALE 187]
2 provisions across 2 enactments
Subhash
Saju Samuel
State of Kerala
Usha
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
