James, v. State of Kerala
Case brief
What is this about?
In an appeal by accused individuals, the High Court of Kerala, relying on settlement between parties and judicial precedents, quashed FIR No. 746/2018 and dismissed further proceedings under Cr.P.C. Section 482.
What did the court decide?
The impugned FIR in Crime No.746/2018 and all further proceedings against the accused persons are quashed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY, THE 3RD DAY OF APRIL 2019 / 13TH CHAITHRA, 1941
CRL.MC.NO. 914 OF 2019
CRIME NO. 746/2018 OF CHALAKKUDY POLICE STATION , THRISSUR
PETITIONERS:
- 1 JAMES, AGED 38 YEARS, S/O.KOCHAPPAN, CHILLAYI VEETIL, POTTA DESOM, POTTA VILLAGE, CHALAKKUDY TALUK, THRISSUR DISTRICT.
- 2 JAISON, AGED 43 YEARS, S/O.KOCHAPPAN, CHILLAYI VEETIL, POTTA DESOM, POTTA VILLAGE, CHALAKKUDY TALUK, THRISSUR DISTRICT.
- 3 AKHIL, AGED 21 YEARS, S/O.ANTU, CHILLAYI VEETIL, POTTA DESOM, POTTA VILLAGE, CHALAKKUDY TALUK, THRISSUR DISTRICT.
- 4 DEVASSYKUTTY, AGED 50 YEARS, S/O.RAPPAI, PAANEKKADAN VEETIL, POTTA DESOM, POTTA VILLAGE, CHALAKKUDY TALUK, THRISSUR DISTRICT.
Issues for consideration
2 issues framed by the court
Whether the impugned criminal proceedings pending against petitioners can be quashed under Section 482 Cr.P.C. due to amicable settlement between parties.
Whether the continuance of prosecution serves any purpose given the real dispute settlement between the accused and the complainant.
Parties & counsel
- petitioner
JAMES
- petitioner
JASON
- petitioner
AKHIL
- petitioner
DEVASSYKUTTY
- respondent
STATE OF KERALA
- respondent
Case details
As recorded by the court registry
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