The High Court of Kerala dismissed appeals against an order quashing criminal proceedings initiated under various IPC sections. The court found that the matter between the victim and accused was settled with no public interest involved, thereby allowing the quashing of the case.
The proceedings in Crime No. 75 of 2018 of Kulamavu Police Station 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 K.ABRAHAM MATHEW
THURSDAY, THE 03RD DAY OF JANUARY 2019 / 13TH POUSHA, 1940
Crl.MC.No. 5 of 2019
CRIME NO. 75/2018 OF Kulamavu Police Station , Idukki
PETITIONERS/ACCUSED NOS.1 TO 8 :-
AGED 33 YEARS
S/O. SAJU CHACKO, MENACHERRY,CHAITHANYA NAGAR, ANGAMALY.
2 ELDHO JACOB, AGED 35 YEARS
S/O. K.M JACOB, KOORAN KAROTTVEETTIL, ANGADIKADAVU,
ANGAMALY.
S/O. PATHROSE T.V, THETTAYIL HOUSE, ANGAMALY.
S/O. SEBASTIAN V.M, VEZHAPARAMBIL HOUSE, THURAVANKARA, VADAKKUMBHAGAM, ANGAMALY.
6 JAYADEV V, AGED 32 YEARS
S/O. VIJAYAKUMAR, VADAKKEPISHARAM, VELLARAPPILLY SOUTH, CHOWARA.
7 BELGI FRANCIS, AGED 40 YEARS S/O. FRANCIS, KOORAN KALLUKKARAN, KIDANGOOR, ANGAMALY.
8 JOSHY P.G, AGED 44 YEARS S/O P.A.GEORGE, PUTHANANGADY HOUSE, DESOM, U.C.COLLEGE, ALUVA
BY ADV. SRI.GEORGE SEBASTIAN
Crl.MC.No. 5 of 2019
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RESPONDENTS/STATE & DEFACTO COMPLAINANT :-
| 1 | SHARLET |
|---|---|
| AGED 43 YEARS, | |
| S/O. JOSEPH, THADATHIL HOUSE, VAZHATHOPPU KARA, | |
| IDUKKI VILLAGE, IDUKKI DISTRICT. | |
| 2 | STATE OF KERALA, |
| REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. |
|
| BY ADV. SRI.ARUN JOSE THOMAS | |
| SRI ALEX M THOMBRA- PUBLIC PROSECUTOR |
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5 of 2019
3
O R D E R
Petition filed under section 482 Cr.P.C.
2. Petitioners are the accused in Crime No.75 of 2018 of Kulamavu Police Station registered for the offences under sections 143, 147, 294(b), 323, 427 and 452 r/w section 149 IPC. The first respondent is the victim. It is submitted that the matter has been settled and the proceedings in the trial court may be quashed.
3. Heard the learned counsel for the
petitioners and first respondent and the learned
Public Prosecutor.
4. I have perused the affidavit filed by the first respondent, who has entered appearance through counsel. I am satisfied that the matter has been settled and no public interest is involved in this case. There is no impediment for granting the prayer of the petitioners.
In the result, this Crl.M.C is allowed. The proceedings in Crime No.75 of 2018 of Kulamavu Police
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Station are quashed. If any material objects have been produced in this case, the trial court may pass appropriate orders for their disposal.
Sd/-
K.ABRAHAM MATHEW, JUDGE
SMA
Crl.MC.No. 5 of 2019
5
APPENDIX
PETITIONER'S/S ANNEXURES :-
ANNEXURE A A TRUE COPY OF THE FIR WITH F1 STATEMENT IN CRIME NO. 75/2018 OF KULAMAVU POLICE STATION.
ANNEXURE B ORIGINAL AFFIDAVIT SWORN TO BY THE 1ST RESPONDENT DATED 21-12-2018
RESPONDENT(S)' ANNEXURES :- NIL
//TRUE COPY//
PA TO JUDGE
SMA
3 issues framed by the court
Whether the proceedings under the IPC charges against the accused should be quashed due to settlement.
Whether public interest requires continuation of the trial despite the settlement reached between parties.
If the matter is settled, can the High Court exercise suo motu power to quash the criminal proceedings.
2 provisions across 2 enactments
Manu Saju
Eldho Jacob
Joy Peter
Sunil Varghese Pudussery
Jomi Sebastian
Jayadev V
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
