Petitioner accused under Sections 341, 323, 447 IPC sought quashing of FIR via Crl.MC. Court found a real settlement between parties. Held that no purpose would be served by continuance. Allowed petition and quashed FIR and proceedings.
F.I.R and further proceedings in Crime No.11 of 2018 of Karuvarakundu Police Station 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 P.UBAID
THURSDAY, THE 04TH DAY OF JULY 2019 / 13TH ASHADHA, 1941
Crl.MC.No.3027 of 2019
AGAINST THE JUDGMENT IN SC 672/2018 of SPECIAL COURT (ATROCITIES AGAINST SC/ST), MANJERI
CRIME NO.11/2018 OF Karuvarakundu Police Station , Malappuram
PETITIONER/ACCUSED:
ANAS,
AGED 33 YEARS
S/O. UNNIYARA, KARADI HOUSE, CHEMBAN KUNNU, KARUVARAKUNDU (PO), MALAPPURAM 676 523
BY ADVS. SRI.K.M.FIROZ SMT.M.SHAJNA
RESPONDENT/STATE-COMPLAINANT & SO CALLED VICTIMS
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 018
2 ANURAJ, AGED 24 YEARS
S/O. REVI, ACHUTHODIKA HOUSE, CHEMBANKUNNU, KARUVARAKUNDU (P.O), MALAPPURAM 676 523
SRI.C.K.PRASAD - P.P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
The petitioner herein seeks orders quashing
the F.I.R and further proceedings in Crime No.11 of 2018 of Karuvarakundu Police Station, registered under Sections 341, 323 and 447 of Indian Penal Code on the complaint of one Anuraj. Orders are
sought on the ground of amicable settlement of the whole dispute between the accused and the de facto complainant out of court. The de facto complainant is the 2nd respondent in this proceeding brought
under Section 482 of the Code of Criminal
Procedure. He has filed affidavit to the effect that he has settled the whole dispute with the accused and he has no grievance or complaint
Court has held that even in cases involving noncompoundable offences, the High Court can quash the prosecution; be it at the crime stage, or at the trial stage, or even at the appellate or revision stage; if the parties have really settled the whole
Crl.MC.No.3027 of 2019
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dispute, or if continuance of prosecution will not serve any purpose. Here, I find a real case of settlement between the parties, and I also find that continuance of prosecution in such a situation will not serve any purpose other than wasting the precious time of the court, when the case ultimately comes before the court.
In the result, this petition is allowed. The F.I.R and further proceedings in crime No.11 of 2018 of the Karuvarakundu Police Station will stand quashed under Section 482 of the Code of Criminal Procedure.
Sd/-
P.UBAID
/True copy/ JUDGE P.S to Judge
ma
Crl.MC.No.3027 of 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF CHARGE SHEET IN CRIME NO. 11 OF 2018 OF KARUVARAKUNDU POLICE STATION, MALAPPURAM
ANNEXURE A2 AFFIDAVIT SWORN IN BY 2ND RESPONDENT
/True copy/
P.S to Judge
3 issues framed by the court
Whether the F.I.R and proceedings in a non-compoundable offence under Section 341 and 323 IPC can be quashed on settlement.
Whether continuance of prosecution serves any purpose when there is a genuine settlement.
Whether the High Court has jurisdiction to quash under Section 482 CrPC in a case involving serious offences.
1 provisions across 1 enactments
ANAS
THE STATE OF KERALA
ANURAJ
THE SUB INSPECTOR OF POLICE
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
