The High Court of Kerala quashed criminal proceedings against the petitioner under Section 482 Cr.P.C. holding that the offences charged were compoundable and the matter had been settled between the petitioner and the victim.
Proceedings in C.C.No.2040 of 2015 are quashed so far as the petitioner is concerned.
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 K.ABRAHAM MATHEW
WEDNESDAY, THE 09TH DAY OF JANUARY 2019 / 19TH POUSHA, 1940
Crl.MC.No. 59 of 2019
AGAINST CC 2040/2015 of J.M.F.C.-i, KASARAGOD CRIME NO. 378/2015 of Bedakom Police Station, Kasaragod
PETITIONER:
ARUNKUMAR K.C., AGED 23 YEARS S/O.KUNHAMBU NAIR, EDAPPANI HOUSE, KUNDAMKUZHI P.O., BEDAKOM VILLAGE, KASARAGOD.
BY ADV. SRI.S.JIJI
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNKAULAM-682 031.
2 K.RADHAKRISHNAN, AGED 42 YEARS, S/O.NARAYANAN NAIR, KOOVARA HOUSE, KUNDAMKUZHI POST, KASARAGOD-671 541. BY ADV. SMT.K.S.SANTHI
SENIOR PUBLIC PROSECUTOR SRI.ALEX M THOMBRA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 59 of 2019 2
ORDER
Petition filed under Section 482 Cr.P.C.
C.C.No.2040 of 2015 on the file of the Judicial
Magistrate of First Class-I, Kasaragod. He along with the co-accused allegedly committed the offences under Sections 143, 147, 148, 427, 447 and 506 read with Section 149 IPC. Second
respondent is the victim. It is submitted that
the matter has been settled between the
petitioner and the second respondent. The prayer is to quash the proceedings.
petitioner and the second respondent and the learned Public Prosecutor.
506 are compoundable. I am satisfied that the
matter has been settled.
Crl.MC.No. 59 of 2019 3
In the result this Crl.M.C. is allowed. The
proceedings in C.C.No.2040 of 2015 on the file of the Judicial Magistrate of First Class-I,
Kasaragod are quashed so far as the petitioner is concerned.
Sd/-
K.ABRAHAM MATHEW
JUDGE
MC/09.01.19
Crl.MC.No. 59 of 2019 4
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1: CERTIFIED COPY OF FINAL REPORT IN CR.378/2015 OF BEDAKOM POLICE STATION. ANNEXURE A2: AFFIDAVIT DATED 28.11.2018 SWORN BY THE 2ND RESPONDENT.
RESPONDENT'S/S EXHIBITS:
NIL
MC
(TRUE COPY) PA TO JUDGE
2 issues framed by the court
Whether the quashing of criminal proceedings under Section 482 Cr.P.C. is appropriate given the settlement between the parties.
Whether the offences under Sections 143, 147, 148, 427, 447, 506 read with Section 149 IPC are compoundable.
1 provisions across 1 enactments
Arunkumar K.C.
State of Kerala
K.Radhakrishnan
K.Abrham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
