In a criminal miscellaneous petition under Section 482 Cr.P.C., the Court quashed proceedings for assault and wrongful restraint. The Court found the parties resolved their dispute and held the offences private, causing no grievance to public peace.
Annexure A1 final report laid in Crime No.221/2018 and all further proceedings 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
TUESDAY, THE 25TH DAY OF JUNE 2019 / 4TH ASHADHA, 1941
Crl.MC.No.2996 of 2019
CRIME NO.221/2018 OF PANNIYANKARA POLICE STATION, KOZHIKODE
PETITIONERS/ACCUSED:
1 FAIROOS P.P., AGED 23 YEARS, S/O.ABDUL LATHEEF, PARINTEPURACKAL HOUSE, CHETTIPADI P.O., MALAPPURAM DISTRICT, PIN-676319.
2 MOHAMMED DHANISH, AGED 22 YEARS, S/O.SIDDIQUE, KIZHAKKINIYAKATHU HOUSE, PARAPPANGADI P.O., MALAPPURAM DISTRICT, PIN-676303.
3 JOBIN U., AGED 21 YEARS, S/O.KUNJIKEERAN, MURIKUNNUMMEL HOUSE, OTTUMMEL BEACH, PUTHUKADU P.O., KODAPURAM, VAZHAYUR EAST, MALAPPURAM DISTRICT.
4 VISHNU K., AGED 21 YEARS, S/O.VASU, VISHNU NIVAS, PULLUKUNNU, CHELEMBRA P.O., MALAPPURAM DISTRICT, PIN-673631.
BY ADV. SRI.BINISH MATHEW
RESPONDENTS/COMPLAINANT & STATE:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.
BY ADV. SRI.M.K.MUFEED
SRI. AJITH MURALI PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.06.2019, 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.
to quash the proceedings in Crime No.221/2018 of the Panniyankara Police Station registered under Sections 341, 323, 324, 308 r/w Section 34 of the IPC.
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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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allegedly inflicted by the petitioners cannot be said to be grave and serious having ingredients of extreme mental depravity. It is also felt that quashing of proceedings on account of compromise would bring about 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-A1 final report laid in Crime No.221 of 2018 of the Panniyankara Police Station and all further proceedings pursuant thereto against the petitioners are quashed.
SD/-
RAJA VIJAYARAGHAVAN V., JUDGE
//TRUE COPY// P.A. TO JUDGE
IAP
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.221/2018 OF PANNIYANKARA POLICE STATION.
ANNEXURE A2 THE ORIGINAL OF THE AFFIDAVIT BY THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS:
NIL
2 issues framed by the court
Whether criminal proceedings for assault causing injuries should be quashed in view of a settlement between parties.
Whether the offences are personal in nature and suitable for quashing under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabRelied on¶31
[2012] 10 SCC 303 · Who else cites this
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[2017 (12) SCALE 187]
2 provisions across 2 enactments
FAIROOS P.P.
MOHAMMED DHANISH
JOBIN U.
VISHNU K.
STATE OF KERALA
AKSHAY
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
