Court quashed criminal proceedings against petitioner under Section 482 Cr.P.C after finding genuine settlement between parties. Despite offences involving public interest, court held prosecution futile due to 2009 incident and settlement.
Petition allowed; entire proceedings against petitioner in L.P.No.3/2016 arising out of C.C.No.229/2010 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
WEDNESDAY, THE 06TH DAY OF NOVEMBER 2019 / 15TH KARTHIKA, 1941
Crl.MC.No.4810 OF 2019(A)
C.C.NO.229/2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS
-II,KOTTARAKKARA
CRIME NO.620/2009 OF Pooyapally Police Station , Kollam
PETITIONER/ACCUSED:
SHAN MON
AGED 29 YEARS S/O.SHAJAHAN, SHAN MANZIL, KULAPPADAM MURI, KANNANALLOOR, NEDUMPANA VILLAGE, KOLLAM DISTRICT.
BY ADVS. SRI.BINU GEORGE SMT.HEMALATHA
RESPONDENTS/DE FACTO COMPLAINANT/STATE:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031
2 GURUDEEKSHA.L
AGED 29 YEARS S/O.LALY.V. R/AT CHAPRAYIL, CHEERANKAVU, EZHUKONE.P.O, EZHUKONE VILLAGE, KOLLAM DISTRICT-601021.
BY ADVS.
R2 SRI.K.P.ANTONY BINU SMT V SREEJA-PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.4810 OF 2019(A) 2
O R D E R
This is a petition filed under Section 482 Cr.P.C for quashing the proceedings against the petitioner in the case L.P.No.3/2016, arising out of C.C.No.229/2010, on the file of the Court of the Judicial First Class Magistrate-II, Kottarakkara.
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settled between him and the petitioner and that he has got no grievance against the petitioner and also that he has got no objection to quash the proceedings against the petitioner in the case. I am satisfied that the settlement arrived at between the parties is genuine.
Consequently, the petition is allowed. The entire proceedings against the petitioner in the case L.P.No.3/2016,
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arising out of C.C.No.229/2010, on the file of the Court of the Judicial First Class Magistrate-II, Kottarakkara, are hereby quashed.
Sd/-
R. NARAYANA PISHARADI
JUDGE
LEK
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APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE A1 | CERTIFIED COPY OF POOYAPPALLY |
OF FIR IN CRIME NO.620/2009 POLICE STATION. |
|---|---|---|
| ANNEXURE A2 | CERTIFIED COPY NO.620/2009 OF |
OF FINAL REPORT IN CRIME POOYAPPALLY POLICE STATION |
| ANNEXURE A3 | AFFIDAVIT DATED RESPONDENT |
06.07.2019 OF 2ND |
2 issues framed by the court
Whether proceedings should be quashed under Section 482 Cr.P.C due to settlement after a long delay.
Whether the State of Kerala has interest in continuing prosecution after settlement.
5 provisions across 3 enactments
Shan Mon
Gurudeeksha.L
State of Kerala
R. Narayana Pisharadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
