The High Court of Kerala quashed criminal proceedings against three accused in a criminal court. The court ruled that an amicable settlement had been reached, deeming further prosecution unnecessary and a waste of judicial time under Section 482 CrPC.
The impugned FIR and all further proceedings arising therefrom against the accused will stand 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 ALEXANDER THOMAS
FRIDAY, THE 08TH DAY OF NOVEMBER 2019 / 17TH KARTHIKA, 1941
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AGAINST THE ORDER/JUDGMENT IN CC 130/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I, CHANGANACHERRY
CRIME NO.2937/2015 OF CHANGANASSERY POLICE STATION, KOTTAYAM
PETITIONERS/ACCUSED 1 TO 3:
1 SAJU KUMAR
AGED 34, S/O.KESAVAN KUTTY, NELLIVELY HOUSE, MALAKUNNAM P.O., ITHITHANAM, KURICHY VILLAGE, CHANGANASSERY TALUK, KOTTAYAM DISTRICT.
2 SUGADAMMA
AGED 58 YEARS, W/O.KESAVAN KUTTY, NELLIVELY HOUSE, MALAKUNNAM P.O., ITHITHANAM, KURICHY VILLAGE, CHANGANASSERY TALUK, KOTTAYAM DISTRICT.
3 KESVAN KUTTY AGED 64 YEARS, S/O.NARAYANAN NAIR, NELLIVELY HOUSE, MALAKUNNAM P.O., ITHITHANAM, KURICHY VILLAGE, CHANGANASSERY TALUK, KOTTAYAM DISTRICT.
BY ADVS. SRI.K.SHAJ SRI.RENJIT GEORGE
RESPONDENTS/STATE AND CW1:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2 PRASANNAN NAIR AGED 60 YEARS, S/O.VASU NAIR, THEKKEEDACKATTU HOUSE, NEAR L.P.SCHOOL, VYSYAM BHAGOM P.O., NEDUMUDY VILLAGE, KUTTANADU TALUK, ALAPPUZHA DISTRICT, PIN-688005.
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3 MINI AGED 48 YEARS, W/O.PRASANNAN NAIR, THEKKEEDACKATTU HOUSE, NEAR L.P.SCHOOL, VYSYAM BHAGOM P.O., NEDUMUDY VILLAGE, KUTTANADU TALUK, ALAPPUZHA DISTRICT, PIN-688005.
R2-3 BY ADV. SRI.R.N.SANDEEP
SRI.SANTHOSH PETER, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ALEXANDER THOMAS, J.
= = = = = = = = = = = = = = = = = Crl.M.C.No.6020 of 2017
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of November, 2019
O R D E R
The petitioners herein has been arrayed as accused Nos.1 to 3 in FIR in Crime No.2937/2015 of Changanacherry Police Station, Kottayam, registered for offences punishable under Secs.323, 324, 506(i), 294(b) r/w Sec.34 of the Indian Penal Code, which led to the pendency of Annexure-A1 final report in C.C.No.130/2016 on the file of the Judicial First Class Magistrate's Court-I Changanacherry. It is stated that now the entire disputes between the petitioners herein and the respondents 2 and 3/de facto complainants have been settled amicably and that the respondents 2 and 3 have sworn to Annexures-A2 & A3 affidavits before this Court, wherein it is stated that they have settled the entire disputes with the petitioners and that they have no objection for quashment of the impugned criminal proceedings pending against the petitioners. It is in the light of these aspects that the petitioners have preferred the instant Crl.M.C. with the prayer to quash the impugned criminal proceedings against them.
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C.C.No.130/2016 on the file of the Judicial First Class Magistrate's Court-I Changanacherry and all further proceedings arising therefrom pending against the accused will stand quashed.
With these observations and directions, the above Criminal Miscellaneous Case stands finally disposed of.
Sd/ALEXANDER THOMAS JUDGE
vgd
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE TRUE COPY OF THE FINAL REPORT IN C.C.NO.130/2016 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, CHANGANASSERY ARISING OUT OF CRIME NO.2937/2015 OF CHANGANASSERY POLICE STATION.
ANNEXURE A2 AN AFFIDAVIT SWORN BY THE SECOND RESPONDENT STATING THE SETTLEMENT OF ALL THE DISPUTES WITH THE PETITIONERS.
ANNEXURE A3 AN AFFIDAVIT SWORN BY THE THIRD RESPONDENT STATING THE SETTLEMENT OF ALL THE DISPUTES WITH THE PETITIONERS.
2 issues framed by the court
Whether the High Court can quash criminal proceedings for non-compoundable offences after an amicable settlement between parties.
Whether the award of Section 482 CrPC allows termination of prosecution when settlement is established and continuance serves no purpose.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabApplied¶33
_Gian Singh_ v._ _State of Punjab_ reported in 2013 (1) SCC (Cri) 160 = (2012) 10 SCC 303 · Who else cites this
Narinder Singh and others v. State of Punjab and anotherApplied¶33
_Narinder Singh and others v. State of Punjab and anr_ . reported in (2014) 6 SCC 466 · Who else cites this
2 provisions across 2 enactments
Saju Kumar
Sugadamma
Kesvan Kutty
State of Kerala
Prasannan Nair
Mini
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
