The High Court of Kerala allowed a Criminal Miscellaneous Case petition seeking quashing of criminal proceedings against seven accused persons. The court found a genuine settlement between the accused and the victim, holding it a fit case for invoking Section 482 Cr.P.C.
Quashing of the entire proceedings in CC No. 1272/2016 against the petitioners.
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 R. NARAYANA PISHARADI
MONDAY, THE 04TH DAY OF NOVEMBER 2019 / 13TH KARTHIKA, 1941
Crl.MC.No.4223 OF 2019(G)
AGAINST THE ORDER IN CC 1272/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,VADAKARA
CRIME NO.784/2016 OF Vadakara Police Station , Kozhikode
PETITIONERS/ACCUSED:
AGED 30 YEARS S/O. NANNU, THAIVACHA PARAMBATH HOUSE, P.O CHEMBARATHUR, VADAKARA, KOZHIKODE 673 104
AGED 40 YEARS S/O. KUMARAN, MOTTAM THARAMAL HOUSE, P.O KOTTAPALLY, VADAKARA, KOZHIKODE 673 541
3 PRAJITHKUMAR K.K, AGED 34 YEARS S/O. BALAN, KUNJITHIKANDIYIL HOUSE, P.O KOTTAPALLY, VADAKARA, KOZHIKODE 673 541
S/O. RAJAN, EDATHUMPONTHAYAKUNI HOUSE, P.O KOTTAPALLY, VADAKARA, KOZHIKODE 673 541
7 MANOJAN, AGED 38 YEARS S/O. BALAN, EDATHUM THAZHEKUNIYIL HOUSE, P.O KOTTAPALLY, VADAKARA, KOZHIKODE 673 541
BY ADVS. SRI.SRINATH GIRISH SRI.P.JERIL BABU
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RESPONDENTS/STATE AND DE FACTO COMPLAINANT:
1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
2 MOIDHU, AGED 53 YEARS S/O. AMMADTH, CHATHOTHU HOUSE, KOTTAPALLI P.O, KOZHIKODE 673 541
R2 BY ADV. ATHUL PRABHAKAR R1 BY SRI C S HRITHWIK-SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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R. NARAYANA PISHARADI, J
Crl.M.C No. 4223 of 2019
Dated this the 4th day of November, 2019
O R D E R
This is an application filed under Section 482 Cr.P.C for quashing the proceedings against the petitioners in the case C.C No. 1272/2016 on the file of the Court of the Judicial First Class Magistrate, Vadakara.
is submitted that the matter has been settled between him and the petitioners. Therefore, it is prayed that the proceedings against the petitioners in the case may be quashed.
Crl.MC.No.4223 OF 2019(G)
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him and the petitioners and that he has got no grievance against the petitioners and also he has got no objection to quash the proceedings against the petitioners in the case. I am satisfied that the settlement arrived at between the parties is genuine. No useful purpose would be served by continuation of the proceedings against the petitioners in the case. Conducting trial in the case would be a futile exercise in view of the settlement of the dispute between the second respondent and the petitioners. In these circumstances, I find that, this is a fit case in which the power of this Court under Section 482 Cr.P.C can be invoked to quash the proceedings against the petitioners in the case.
Consequently, the petition is allowed. The entire proceedings against the petitioners in the case C.C No. 1272/2016 on the file of the Court of the Judicial First Class Magistrate, Vadakara, are hereby quashed.
Sd/-R. NARAYANA PISHARADI
JUDGE
lsn
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT NO. 784/2016 DATED 28-05-2016 OF BADAGARA POLICE STATION, KOZHIKODE RURAL ANNEXURE 2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 784/2016 OF VADAKARA POLICE STATION, KOZHIKODE RURAL. ANNEXURE A3 AFFIDAVIT DATED 01-05-2019 SUBMITTED BY THE 2ND RESPONDENT
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN
1 issue framed by the court
Whether the criminal proceedings under Section 482 Cr.P.C should be quashed in view of the settlement between the accused and the victim.
Colour shows how this judgement treated each authority
None citedReferred
1 provisions across 1 enactments
NIBEESH
SREEDHARAN
PRAJITHKUMAR K.K
RAJEESH
VINODHAN
ATHULRAJ
R. NARAYANA PISHARADI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
