The High Court of Kerala granted a petition to quash criminal proceedings against three accused under sections 506, 341, 362, 324, 323, 354 and 427 IPC. Based on affidavits confirming full settlement and the parties '
The impugned Final Report in Crime No.1091/2018 and all further proceedings pending against accused Nos.1 to 3 were 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
TUESDAY, THE 09TH DAY OF APRIL 2019 / 19TH CHAITHRA, 1941
Crl.MC.No. 972 of 2019
CRIME NO. 1091/2018 OF ANCHUTHENGU POLICE STATION , THIRUVANANTHAPURAM
PETITIONERS/ACCUSED NOS.1 TO 3:
1 SHAN@SIYAD AGED 49 YEARS
S/O. SUBAIR, M.S.VILLA, KULATHARA, AYIROOR, VARKALA, THIRUVANANTHPAURAM DISTRICT
2 SHAMON AGED 30 YEARS
S/O. ABDUL SHUKKURN, VAYALIL HOUSE, KOTTUMOOLA, VARKALA, THIRUVANANTHAPURAM DISTRICT
3 AJMAL AGED 19 YEARS S/O. AJAZ, HASANA MANZIL, VETTOR, VARKALA, THIRUVANANTHPAURAM DISTRICT
BY ADV. SRI.M.L.SURESH KUMAR
RESPONDENTS/DEFACTO COMPLAINANT/STATE:
1 STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
2 SUMI AGED 30 YEARS D/O. LEENA, CHAMAVILA HOUSE, ARIVALAM, VARKALA, THIRUVANANTHAPURAM DISTRICT-695141
3 ASIYA AGED 18 YEARS W/O. MOHAMMED JOY, CHAMAVILA HOUSE, ARIVALAM, VARKALA, THIRUVANANTHAPURAM DISTRICT-695145
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4 LEENA
AGED 49 YEARS W/O.SHAN, M.S VILLA, KULATHARA, MOOLABHAGOM, VARKALA, THIRUVANANTHAPURAM DISTRICT-695310
SRI.AMJAD ALI, PUBLIC PROSECUTOR FOR R1, SRI.RANJIT BABU FOR R2 TO R4
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ALEXANDER THOMAS, J.
= = = = = = = = = = = = = = = = =
Crl.M.C. No.972 of 2019
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 09th day of April, 2019
O R D E R
Petitioners herein are accused Nos.1 to 3 in the impugned Anx-A Final Report in Crime No.1091/2018 of Anchuthengu Police Station, Thiruvananthapuram Rural, registered for offences punishable under Secs.506(i), 341, 362, 324, 323, 354 & 427 r/w Sec.34 of the IPC. It is stated that now the entire disputes between the petitioners and respondents/de facto complainants 2 to 4 have been settled amicably and that respondentsde facto complainants 2 to 4 have sworn to Anxs.B , C & D 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.
Crl.M.C. No.972 of 2019
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Crl.M.C. No.972 of 2019
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arising therefrom pending against accused Nos.1 to 3 will stand quashed. With these observations and directions, the above Criminal Miscellaneous Case stands finally disposed of.
Sd/-
ALEXANDER THOMAS JUDGE
vgd
Crl.M.C. No.972 of 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE-A THE COPY OF |
TH | E FINAL REPORT IN |
|---|---|---|
| C.P.136/2018 OF CRIME NO,.94/201 |
JFC 8 AY |
M COURT-I, VARKALA IN IROOR POLICE STATION |
| ANNEXURE-B THE TRUE COPY OF |
THE | AFFIDAVIT FIELD BY THE |
| 2ND RESPONDENT | IN | THE CASE EVIDENCING |
| SETTLEMENT OF PETITIONERS AND |
TH THE |
DISPUTE BETWEEN THE 2ND RESPONDENT |
| ANNEXURE-C THE TRUE COPY OF 3RD RESPONDENT |
THE IN |
AFFIDAVIT FIELD BY THE THE CASE EVIDENCING |
| SETTLEMENT OF PETITIONERS AND |
TH THE |
DISPUTE BETWEEN THE 3RD RESPONDENT |
| ANNEXURE-D THE TRUE COPY OF |
THE | AFFIDAVIT FIELD BY THE |
| 4TH RESPONDENT | IN | THE CASE EVIDENCING |
| SETTLEMENT OF PETITIONERS AND |
TH THE |
DISPUTE BETWEEN THE 4TH RESPONDENT |
3 issues framed by the court
Whether the criminal proceedings against petitioners can be quashed in light of the settlement between parties.
Whether the continuance of the prosecution serves any purpose after settlement.
Whether the High Court can exercise its power under Section 482 Cr.P.C. to quash proceedings in settlement cases.
Colour shows how this judgement treated each authority
Gian Singh (2012) 10 SCC 303Followed¶34
Gian Singh v. State of Punjab reported in 2013 (1) SCC (Cri) 160 = (2012) 10 SCC 303 · Who else cites this
Narinder Singh (2014) 6 SCC 466Followed¶34
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
SHAN@SIYAD
SHAMON
AJMAL
STATE OF KERALA
SUMI
ASIYA
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
ALEXANDER THOMAS
Parties & counsel
