The High Court of Kerala allowed a petition under Section 482 CrPC to quash criminal proceedings. Citing an amicable settlement and lack of serious injury, the court held the offences were personal and quashed the charges.
The criminal proceedings pending as C.C. No.1310 of 2017 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
THURSDAY, THE 13TH DAY OF JUNE 2019 / 23RD JYAISHTA, 1941
CRL.MC.NO.1858 OF 2019
AGAINST C.C. NO.1310/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KASARAGOD
CRIME NO.396/2017 OF ADHUR POLICE STATION, KASARAGOD
PETITIONERS / ACCUS ED 1 & 2 :
1 ANANTHAN NAMBIAR, AGED 71 YEARS, S/O.LATE KUNHAMBU NAIR, R/AT KOTTARAKKARA BHAVAN, KOTTRAKKARA, KANATHUR, MULIYAR VILLAGE, KASARAGOD DISTRICT.
2 SAVITHRI M., AGED 56 YEARS, W/O.ANANTHAN NAMBIAR, R/AT KOTTARAKKARA BHAVAN, KOTTARAKKARA, KANATHUR, MULIYAR VILLAGE, KASARAGOD DISTRICT.
BY ADV. SRI.KODOTH SREEDHARAN
RESPONDENTS / COMPLAINANT & STATE :
1 STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, MANJESHWAR POLICE STATION, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2 CHANDU NAIR.K., AGED 74 YEARS, S/O.M.MALINGU NAIR, R/AT KANATHUR HOUSE, KOTTARAKKARA, MULIYAR.P.O., KASARAGOD DISTRICT-671123.
BY ADV. SMT.C.B.SUMA DEVI
OTHER PRESENT:
SRI AJITH MURALI, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC.NO.1858 OF 2019
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ORDER
This petition is filed under Section 482 of the Cr.P.C.
CRL.MC.NO.1858 OF 2019
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criminal proceedings would resolve a festering private dispute between the parties and enable them to pursue their life as law abiding citizens. According to the learned counsel, no purpose would be served in continuing with the criminal proceedings in view of the changed circumstances.
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CRL.MC.NO.1858 OF 2019
peace. In a case such as the instant one, even if the prosecution is allowed to continue, it would not serve any purpose as the possibility of conviction is remote and bleak. It can only result in putting the victim and the accused to unwanted oppression and prejudice. Settlement will augur well for the interest of the community and will enable the parties to live in peace and harmony.
In the result, this petition is allowed. Annexure-I final report and all further proceedings pursuant thereto against the petitioners now pending as C.C. No.1310 of 2017 on the file of the Judicial First Class Magistrate Court-I, Kasaragod are quashed.
Sd/-
RAJA VIJAYARAGHAVAN. V., JUDGE
krj
//TRUE COPY//
P.A.TO JUDGE
CRL.MC.NO.1858 OF 2019
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APPENDIX
PETITIONER( S ) ANNEXURES :
ANNEXURE I TRUE COPY OF THE FINAL REPORT IN CRIME NO.396/2017 OF ADHUR POLICE STATION, KASARAGOD DT.20/08/2017.
ANNEXURE II TRUE COPY OF THE AFFIDAVIT BY THE 2ND RESPONDENT
RESPONDENT(S ) ANNEXURES : NIL
2 issues framed by the court
Whether criminal proceedings under Sections 341, 506(ii), and 294(b) IPC should be quashed upon settlement between parties under Section 482 CrPC.
Whether the offence is personal in nature and does not affect public peace justifying quashing despite private compromise.
Colour shows how this judgement treated each authority
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2 provisions across 2 enactments
ANANTHAN NAMBIAR
SAVITHRI M.
STATE OF KERALA
CHANDU NAIR.K.
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
