The High Court quashed criminal proceedings under Section 482 CrPC following a settlement between the victim and accused. The court held the offence was personal, non-serious, and continuation would serve no purpose. Final report annexed.
Petition under Section 482 CrPC allowed; proceedings in CC No. 918 of 2012 quashed based on final report.
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 RAJA VIJAYARAGHAVAN V
THURSDAY, THE 20TH DAY OF JUNE 2019 / 30TH JYAISHTA, 1941
Crl.MC.No.879 of 2015
AGAINST THE ORDER/JUDGMENT IN CC 918/2012 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KUNNAMKULAM
CRIME NO.494/2012 OF KUNNAMKULAM POLICE STATION, THRISSUR
PETITIONER/S:
V.S.SUJITH, AGED 49 YEARS, S/O.SRINIVASAN, MANAGING PARTNER, SUJITH ENTERPRISES, KALLIYARA ESTATE, MALAMPUZHA, PALAKKAD DISTRICT.
BY ADVS.
SRI.K.A.SALIL NARAYANAN SRI.NELSON J.MANAYIL
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.
2 JOBY FRANCIS, S/O.ANTONY,
THEKKINIYATH HOUSE, CIVIL LANE ROAD, ARANATTUKARA, THRISSUR DISTRICT. 680 010.
BY ADV. SRI.T.H.ARUN KUMAR
OTHER PRESENT:
SRI. M. S. BREEZ SR. PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 20.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No.879 of 2015
ORDER
This petition is filed under Section 482 of the Cr.P.C.
quash the proceedings pending against him as CC No. 918 of 2012 on the file of the Judicial First Class Magistrate Court, Kunnamkulam, wherein he faces accusations of having committed offences under Sections 379, 380, 420, 427, 468 & 471 r/w Section 34 of the IPC.
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Crl.MC.No.879 of 2015
against the petitioner. They maintain that the termination of the criminal proceedings would resolve a festering private dispute between the parties and enable them to pursue their life as law abiding citizens. According to the learned counsel, no purpose would be served in continuing with the criminal proceedings in view of the changed circumstances.
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records, it appears that the offences are entirely personal in nature and do not affect public peace or tranquility. The acts committed by the petitioner cannot be said to be grave and serious having ingredients of extreme mental depravity. It is also felt that quashing of proceedings on account of compromise would bring about peace. In a case such as the instant one, even if the prosecution is allowed to continue, it would not serve any purpose as the possibility of conviction is remote and bleak. It can only result in putting the victim and the accused to unwanted oppression and prejudice. Settlement will augur well for the interest of the community and will enable the parties to live in peace and harmony.
In the result, this petition is allowed. Annexure 8 final report and all further proceedings pursuant thereto against the petitioner in CC No. 918 of 2012 on the file of the Judicial First Class Magistrate Court, Kunnamkulam are quashed.
SD/-
RAJA VIJAYARAGHAVAN V., JUDGE
Bka/
//TRUE COPY// PA.. TO JUDGE
Crl.MC.No.879 of 2015
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APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE | 1 TRUE COPY OF THE ADVERTISEMENT IN MALAYALAM MANORAMA DAILY DATED 9TH APRIL 2009. |
|---|---|
| ANNEXURE | 2 TRUE COPY OF THE RECEIPT ISSUED BY M/S.PRIYA ADVERTISING. |
| ANNEXURE | 3 TRUE COPY OF THE SALE AGREEMENT BETWEEN PETITIONER AND 2ND RESPONDENT AND THE RECEIPT. |
| ANNEXURE | 4 TRUE COPY OF THE COMPLAINT MADE BY THE PETITIONER BEFORE THE REGIONAL TRANSPORT OFFICER, THRISSUR. |
| ANNEXURE | 5 TRUE COPY OF THE COMPLAINT MADE BY THE PETITIONER AGAINST THE 2ND RESPONDENT BEFORE THE CJM, THRISSUR ON 1ST OF MARCH 2012. |
| ANNEXURE | 6 TRUE COPY OF THE COMPLAINT MADE BY THE 2ND RESPONDENT BEFORE THE JFCM KUMMAMKULAM. |
| ANNEXURE | 7 TRUE COPY OF THE FIR IN CRIME 494/12 OF KUNNAMKULAM POLICE STATION. |
| ANNEXURE | 8 TRUE COPY OF THE FINAL REPORT IN CRIME 494/12 OF THE KUNNAMKULAM POLICE STATION (CC 918/12 OF JFCM KUNNAMKULAM) |
3 issues framed by the court
Whether to quash criminal proceedings under Section 482 CrPC in light of settlement between parties.
Whether offences of criminal damage and cheating are grave enough to preclude quashment post-compromise.
Whether continuation of proceedings serves public interest given no public injury.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabRelied on¶33
Gian Singh v. State of Punjab [(2012) 10 SCC 303] · Who else cites this
Parbatbhai Aahir v. State of GujaratReferred¶33
Parbatbhai Aahir v. State of Gujarat [2017 (12) SCALE 187]
2 provisions across 2 enactments
V.S.SUJITH
STATE OF KERALA
JOBY FRANCIS
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
RAJA VIJAYARAGHAVAN V
Parties & counsel
