The High Court of Kerala quashed criminal proceedings against the petitioners under Section 482 Cr.P.C. on settlement between parties and lack of public interest, finding the dispute private in nature.
Petition allowed; criminal proceedings C.C. No. 1505/2017 against the petitioners 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
TUESDAY, THE 15TH DAY OF OCTOBER 2019 / 23RD ASWINA, 1941
Crl.MC.No.6814 OF 2019(B)
CC NO. 1505/2017 OF JMFC, KALAMASSERY
CRIME NO.1833/2017 OF Kalamassery Police Station , Ernakulam
PETITIONER/ACCUSED:
1 SHAFI S/O ABDU,KUNNATHU PEEDIKAYIL HOUSE, KODIKUTHUMALA KARA,ALUVA EAST VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT.
2 SAVAD ASLAM, S/O ABDUL RAHIM,KUNNATHU HOUSE, KODIKUTHUMALA KARA,ALUVA EAST VILLAGE,ALUVA TALUK,ERNAKULAM DISTRICT.
BY ADV. SRI.AMEER.K.M.
RESPONDENT/COMPLAINANT & STATE:
1 THE STATE OF KERALA THROUGH THE STATION HOUSE OFFICER, KALAMASSERY POLICE STATION, ERNAKULAM DISTRICT,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM-682031.
2 ANIL S/O WILSON,SNEHA HOUSE,HMT COLONY, PALACHUVADU,THRIKKAKARA NORTH, ERNAKULAM DISTRICT-682030.
R2 BY ADV. K.R.VINOD
R1 SMT V SREEJA-PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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R. NARAYANA PISHARADI, J
Crl.M.C No.6814 of 2019
Dated this the 15th day of October, 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.1505/2017 on the file of the Court of the Judicial First Class Magistrate, Kalamassery.
who has entered appearance through counsel. It is stated in the
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affidavit filed by him that the dispute between him and the petitioners has been settled and that he has no objection to quash the proceedings against the petitioners. I am satisfied 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. Continuation of the proceedings against the petitioners would serve no useful purpose. In these circumstances, I am satisfied that the power of this Court under Section 482 Cr.P.C can be invoked to quash the proceedings against the petitioners.
Consequently, the petition is allowed. The entire proceedings against the petitioners in the case C.C No.1505/2017 on the file of the Court of the Judicial First Class Magistrate, Kalamassery are hereby quashed.
Sd/-R. NARAYANA PISHARADI JUDGE
lsn
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE COPY OF THE FINAL REPORT IN CRIME NO.1833/2017 IN C.C.NO.1505/2017. ANNEXURE A2 THE F.I.R. FILED BY THE SUB INSPECTOR OF POLICE,KALAMASSERY. ANNEXURE A3 THE AFFIDAVIT DATED 01.10.2017 SWORN IN THE 2ND RESPONDENT.
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN
1 issue framed by the court
Whether the criminal proceedings under Sections 341, 323, 325 read with 34 IPC should be quashed on account of settlement and absence of public interest.
1 provisions across 1 enactments
Shafi
Savad Aslam
The State of Kerala
Anil
R. Narayana Pisharadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
