The High Court of Kerala allowed a petition for quashing criminal proceedings under Section 482 Cr.P.C. The court found the dispute private and settled, citing Parbatbhai Aahir to justify invoking inherent powers. The proceedings against the accused were quashed.
The entire proceedings against the petitioners in C.C No. 1371/2016 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 R. NARAYANA PISHARADI
THURSDAY, THE 17TH DAY OF OCTOBER 2019 / 25TH ASWINA, 1941
Crl.MC.No.4311 OF 2019(H)
AGAINST THE ORDER/JUDGMENT IN CC 1371/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,PATHANAMTHITTA
CRIME NO.516/2016 OF Aranmula Police Station , Pathanamthitta
PETITIONERS/ACCUSED 1-3:
1 MONU AGED 28 YEARS S/O.SHANKAR, PADMATHEERTHAM(H), VALIYAVATTAM, ELANTHOOR, PATHANAMTHITTA DISTRICT.
2 JISHNU BALAN AGED 27 YEARS S/O.BALAKRISHNAN, CHARIVUKALA(H), ARIVAPPULAM, PATHANAMTHITTA DISTRICT.
3 VISHNU BALAN AGED 27 YEARS S/O.BALAKRISHNAN, CHARIVUKALA(H), ARIVAPPULAM, PATHANAMTHITTA DISTRICT.
BY ADV. SMT.G.VIDYA
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.
2 PRAKASHAN, AGED 63 YEARS
S/O.GOPALAN, PRAKASH BHAVAN, PARIYARAM MURI, KOLLAMPARA, ELANTHOOR, PATHANAMTHITTA DISTRICT, PIN-689643.
R2 BY ADV. K.P.SURYA
SRI C S HRITHWIK-SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
This is an application filed under Section 482 Cr.P.C for quashing the proceedings against the petitioners in the case C.C No. 1371/2016 on the file of the Court of the Judicial First Class Magistrate-1, Pathanamthitta.
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that the settlement arrived at between the parties is genuine. There is no element of public interest involved in the case. The dispute between the parties is basically private in nature. In these circumstances, I am satisfied that, in the light of the principles laid down by the Apex Court in Parbatbhai Aahir v. State of Gujarat (AIR 2017 SC 4843) , 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.1371/2016 on the file of the Court of the Judicial First Class Magistrate-1, Pathanamthitta, are hereby quashed.
Sd/-
R. NARAYANA PISHARADI
JUDGE
rpk
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE CERTIFIED COPY OF FINAL REPORT IN CRIME NO.516/2016, DATED 16.3.2016. ANNEXURE A2 THE TRUE AFFIDAVIT, DATED 11.6.2019.
3 issues framed by the court
Whether criminal proceedings initiated under Sections 294(b), 323, 341, 427, and 506 IPC can be quashed upon settlement.
Whether the dispute between the accused and the victim is purely private with no element of public interest.
Whether the First Information Report in the present case is competent to sustain its criminal investigation.
Colour shows how this judgement treated each authority
Parbatbhai Aahir v. State of GujaratExplained¶29
Parbatbhai Aahir v. State of Gujarat (AIR 2017 SC 4843) · Who else cites this
1 provisions across 1 enactments
Monu
Jishnu Balan
Vishnu Balan
State of Kerala
Prakshan
R. Narayana Pisharadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
R. Narayana Pisharadi
Parties & counsel
