Santhosh, v. State of Kerala
Case brief
What is this about?
High Court quashed criminal trial under Section 482 CrPC allowing petitioners to proceed with life after resolving private dispute with respondents.
What did the court decide?
Criminal proceedings pending as C.C. No.1297 of 2014 are quashed along with final report.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 17TH DAY OF JUNE 2019 / 27TH JYAISHTA, 1941
Crl.MC.No.2016 of 2019
CC NO.1297/2014 ON THE FILES OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, KAYAMKULAM
CRIME NO.157/2011 OF Kayamkulam Police Station, Alappuzha
PETITIONERS/ACCUSED NOS.1, 2, 3 AND 4:
1 SANTHOSH, AGED 35 YEARS, S/O.SASI, PUTHENPUTHUVELIL HOUSE, PRAYAR VADAKKUMMURI, PUTHUPALLY VILLAGE AND P.O, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN-690527.
2 ANI, AGED 42 YEARS, PADANNAYIL HOUSE, AYIRMTHENGU-EDACHIRA MURI, CLAPPANA, PUTHUPALLY.P.O, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN-690527
3 SONY, AGED 32 YEARS, S/O.REGHUNATHAN, PUTHUVALIL MANNEL HOUSE, PRAYAR VADAKKUMMURI, PUTHUPALLY.P.O, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN-690527.
Issues for consideration
3 issues framed by the court
Whether criminal proceedings under Sections 341, 323, and 427 IPC can be quashed upon amicable settlement between parties.
Whether the offences were personal in nature and did not affect public peace.
Whether continuation of prosecution would serve any purpose given the remote possibility of conviction.
Parties & counsel
- petitioner
Santhosh & Ors.
- respondent
State of Kerala
- respondent
Rajesh & Ors.
Coram
Case details
As recorded by the court registry
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