The High Court of Kerala exercised inherent powers under Section 482 CrPC to quash two set of inter-connected criminal proceedings arising from settlement between parties involving allegations under IPC and SC/ST (POA) Act.
Quashment of impugned Final Reports and all subsequent proceedings in crime No.371/2016 and crime No.357/2016 under Section 482 CrPC.
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 ALEXANDER THOMAS
MONDAY, THE 11TH DAY OF NOVEMBER 2019 / 20TH KARTHIKA, 1941
Crl.MC.No.3065 OF 2019(C)
AGAINST THE ORDER/JUDGMENT IN SC 644/2017 OF SPECIAL COURT (ATROCITIES AGAINST SC/ST), MANJERI
CRIME NO.371/2016 OF POOKOTTUMPADAM POLICE STATION , Malappuram
PETITIONER/S:
ATHUL GEO, AGED 24 YEARS, S/O GEO MATHEW, ULAKAMTHARA HOUSE, POOKKOTTUMPADAM PO, AMARAMBALAM VILLAGE, MALAPPURAM DISTRICT-679 332.
BY ADV. SRI.THOMAS J.ANAKKALLUNKAL
RESPONDENT/S:
2 BINDU MARI, AGED 33 YEARS W/O GEO MATHEW, CHEMMANUR UURU, CHEMMANUR, ATTAPADY, MANNARKKAD TALUK, KALKANDI PO, PALAKKAD DISTRICT-678 582.
R2 BY ADV. V.A.JOHNSON (VARIKKAPPALLIL)
OTHER PRESENT:
SRI.T.R.RENJITH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.11.2019, ALONG WITH Crl.MC.3075/2019(D), Crl.Rev.Pet.492/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.M.C.Nos.3065 & 3075 Of 2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 11TH DAY OF NOVEMBER 2019 / 20TH KARTHIKA, 1941
Crl.MC.No.3075 OF 2019(D)
AGAINST THE ORDER/JUDGMENT IN SC 358/2017 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - II, MANJERI
CRIME NO.357/2016 OF POOKOTTUMPADAM POLICE STATION , Malappuram
PETITIONER/S:
1 GEO MATHEW, AGED 60 YEARS S/O.MATHEW,CHEMMANNUR UURU,
CHEMMANUR,ATTAPADY,MANNARKKAD TALUK, KALKANDI.P.O,PALAKKAD DISTRICT-678582.
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/S:
R2 BY ADV. THOMAS J.ANAKKALLUNKAL
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.11.2019, ALONG WITH Crl.MC.3065/2019(C), Crl.Rev.Pet.492/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.M.C.Nos.3065 & 3075 Of 2019
ALEXANDER THOMAS, J .
Crl.M.C.Nos.3065 & 3075 Of 2019
Dated this the 11th day of November, 2019.
O R D E R
The prayers made in these two Crl.M.Cs filed under Sec.482 of the Cr.PC invoking the inherent powers conferred on this Court as per that provision is to quash respective impugned criminal proceedings in these cases which essentially arise out of two crimes which are said to be case and counter case and the prayer for quashment in each of these cases is made on the basis of settlement arrived at between the accused persons and defacto complainant.
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Crl.M.C.Nos.3065 & 3075 Of 2019
complainant therein in relation to that crime. The 2nd respondent is the 2nd wife of the petitioner's father.
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Crl.M.C.Nos.3065 & 3075 Of 2019
It is in the light of these aspects that the petitioners in the respective CrlM.Cs have preferred the above Crl.M.Cs with the prayer to quash the respective impugned criminal proceedings against them.
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Crl.M.C.Nos.3065 & 3075 Of 2019
others v. State of Punjab and anr . reported in (2014) 6 SCC 466, more particularly paragraph 29 thereof, could be applied in this case to consider the prayer for quashment.
issued:
(i) It is ordered in Crl.M.C.No.3065/2019 that the impugned Anx-A1 Final Report in Crime No.371/2016 of Pookottumpadam Police Station, Malappuram District, which is now pending as S.C.No.644/2017 on the file of the Special Court for SC/ST (POA) Act cases, Manjeri and all further proceedings arising therefrom pending against the accused therein will stand quashed under Sec.482 of the Code of Criminal Procedure.
(ii) It is also ordered in Crl.M.C.No.3075/2019 that the impugned Anx-A1 Final Report in Crime No.357/2016 of Pookottumpadam Police Station, Malappuram District, which is now pending as C.C.No.358/2017 on the file of the Additional Sessions Court-II, Manjeri and all further proceedings arising therefrom pending against the accused therein will stand quashed under Sec.482 of the Code of Criminal Procedure.
With these observations and directions, the above Crl.M.Cs will stand finally disposed of.
Sd/ALEXANDER THOMAS, Judge.
bkn/-
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Crl.M.C.Nos.3065 & 3075 Of 2019
APPENDIX OF Crl.MC 3065/2019
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE REFER REPORT IN CRIME NO.371/2016 OF POOKOTTUMPADAM POLICE STATION, MALAPPURAM DISTRICT.
ANNEXURE A2 CERTIFIED COPY OF THE PROTEST COMPLAINT DATED 23.6.2017 SUBMITTED BY THE DEFACTO COMPLAINANT/2ND RESPONDENT BEFORE THE SPECIAL COURT FOR SC/ST (POA) ACT CASES, MANJERI.
ANNEXURE A3 AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT
APPENDIX OF Crl.MC 3075/2019
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN S.C.NO.358/2017 BEFORE THE ADDITIONAL SESSIONS COURT II,MANJERI. ANNEXURE A2 AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT.
2 issues framed by the court
Whether the High Court can exercise its inherent powers under Section 482 CrPC to quash criminal proceedings when a settlement has been arrived at between the parties despite the offences alleged bein
Whether continuance of the prosecution in the present circumstances will serve any useful purpose.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabApplied¶5
Gian Singh v. State of Punjab 2012 10 SCC 303 · Who else cites this
Narinder Singh and others v. State of Punjab and anrApplied¶5
Narinder Singh and others v. State of Punjab and anr (2014) 6 SCC 466 · Who else cites this
4 provisions across 3 enactments
ATHUL GEO
STATE OF KERALA
BINDU MARI
GEO MATHEW
BINDU MARI
STATE OF KERALA
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
