The High Court of Kerala allowed a criminal miscellaneous petition seeking to quash proceedings under Sections 341, 323, 324, 427 and 34 IPC. The Court noted amicable settlement and lack of public interest, quashing the case and discharging the accused.
The criminal case CC No.643/2017 stands quashed and the accused are discharged.
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 ASHOK MENON
MONDAY, THE 16TH DAY OF DECEMBER 2019 / 25TH AGRAHAYANA, 1941
Crl.MC.No.8120 OF 2019(D)
AGAINST THE ORDER/JUDGMENT IN CC 643/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVARA
CRIME NO.3491/2019 OF Chavara Police Station , Kollam
PETITIONERS/ACCUSED NOS.1 TO 4:
1 SANDEEP, AGED 35 YEARS S/O SUDHAKARAN,VETTIKKATTEZHATH KIZHAKKATHIL,KOLAM MURI,PANMANA, KOLLAM DISTRICT,PIN-691583.
2 SREEKUMAR, AGED 31 YEARS S/O CHANDRASEKHARA PILLAI, VASANTHA VIHAR,NETTIYATT MURI, PANMANA,EDAPPALLIKKOTTA.P.O, KOLLAM,PIN-691583.
3 SAJEEV @ KANDATHIL SAJEEV, AGED 34 YEARS, S/O YUNUS KUNJU, VAZHOLIL KIZHAKKATHIL HOUSE, P.O.EDAPPALLYCOTTA,PANAMANA VILLAGE, KOLLAM DISTRICT,PIN-691583.
4 RAHUL RAJ @ LUTTAPPI, AGED 29 YEARS, S/O RAJAN, MUPPATTAYIL HOUSE, P.O.EDAPPALLYCOTTA,PANMANA VILLAGE, KOLLAM DISTRICT,PIN-691583.
BY ADV. SRI.C.S.MANU
RESPONDENTS/INVESTIGATING OFFICER AND C.WS 1 TO 4:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031
Crl.MC.No.8120 OF 2019(D)
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2 SUB-INSPECTOR OF POLICE, CHAVARA POLICE STATION,CHAVARA.P.O, KOLLAM DISTRICT,PIN-691583.
3 ANAZ.R, AGED 29 YEARS S/O RAHIM,KAVUM MELIL HOUSE, NEELU VEETTIL,KUMALATHARA MURI, PANMANA.P.O,KOLLAM DISTRICT,PIN-691583.
4 SHAMNAD, AGED 29 YEARS S/O.SALAHUDDIN,412 C,PALLIKKUDATHINTE THEKKATHIL,MANAYIL MURI,PANMANA .P.O, KOLLAM DISTRICT,PIN-691583.
5 MANIKANDAN,
AGED 33 YEARS
S/O.GOPALAKRISHNAN,PERUMBALLIL VEEDU, MANAYIL MURI,PANMANA.P.O, PIN-691583.
6 BINU.B, AGED 29 YEARS S/O BABU PILLAI,8/66,KUMBALATH VADAKKATHIL,MANAYIL MURI,PANMANA.P.O, KOLLAM DISTRICT,PIN-691583.
R3-6 BY ADV. SRI.ANOOP JOSEPH SMT. V.SREEJA P P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
The Crime number “3491/2019” appearing in the head note of the final order dated 16.12.2019 in Crl.M.C 8120/2019 stand corrected and substituted as “3491/2016 as per order dated 21.12.2021 in Crl.M.A No.1/2021 in Crl.M.C No.8120/2019.
Sd/-
ASSISTANT REGISTRAR
Crl.MC.No.8120 OF 2019(D)
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ORDER
Dated this the 16th day of December 2019
The petitioners are accused in
CC No.643/2017 on the file of the Judicial First Class Magistrate Court (Temporary), Chavara, for having allegedly committed offences punishable under Sections 341, 323, 324, 427 and r/w Section 34 of the IPC.
the respondent Nos.3 to 6, who have appeared through counsel and filed affidavits to the effect that the matter has been amicably settled with the petitioners and that they have no grievance against the petitioners. A report to that effect has also been obtained from the Investigating Officer through the senior Public Prosecutor, but at the same time it is stated that accused Nos.1, 2 and 4 have some criminal antecedents.
Crl.MC.No.8120 OF 2019(D)
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In the result, the Crl.M.C is allowed and the entire proceedings in CC No.643/2017 on the file of the Judicial First Class Magistrate Court(Temporary), Chavara, stands quashed under Section 482 of the Cr.P.C and the accused are discharged.
Sd/-
ASHOK MENON
JUDGE
SPK
5
Crl.MC.No.8120 OF 2019(D)
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A-1 CERTIFIED COPY OF THE FINAL REPORT/CHARGE SHEET IN CRIME NO.3491 OF 2016 DATED 30.4.2017 OF CHAVARA POLICE STATION TAKEN ON FILE AS CC NO.643 OF 2017 OF TEMPORARY JUDICIAL FIRST CLASS MAGISTRATE'S COURT,CHAVARA.
RESPONDENT'S/S EXHIBITS:NIL
2 issues framed by the court
Whether the criminal proceeding under Sections 341, 323, 324, 427 and 34 IPC should be quashed when the matter is amicably settled and no public interest is involved.
Whether the accused should be discharged given the factional dispute context and settlement of the parties.
1 provisions across 1 enactments
Sandeep
Sreekumar
Sajeev
Rahul Raj
State of Kerala
Anaz.R
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
