This judgment quashes criminal proceedings under IPC Sections 143, 147, and other charges against six accused after the defacto complainants filed affidavits of settlement through their counsel, citing lack of public interest and no life-threatening injuries.
Crl.M.C. allowed; entire proceedings quashed under Section 482 Cr.P.C.; petitioners 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
THURSDAY, THE 05TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941
Crl.MC.No.130 OF 2020(E)
CRIME NO.324/2019 OF Ochira Police Station, Kollam
PETITIONERS/ACCUSED:
1 GIREESH, AGED 26 YEARS, S/O.GOPI, GREESHMALAYAM, VALIYAKULANGARA, OACHIRA, KOLLAM, PIN- 690526.
2 GOKUL, AGED 24 YEARS, S/O.GOPI, GREESHMALAYAM, VALIYAKULANGARA, OACHIRA, KOLLAM, PIN- 690526.
3 AMAL CHANDRA @ CHANDU, S/O.SUDHARMA, KAITHAVALALIL PADEETTATHIL, PADA NORTH, KARUNAGAPPALLY, KOLLAM, PIN- 690518.
4 MAHESH.R, AGED 20 YEARS, S/O.RAJAN, MAHESH BHAVANAM, VALIYAKULANGARA, OACHIRA, KOLLAM, PIN- 690526.
5 JAIMON @ JITHU, AGED 19 YEARS, S/O.JAYA, SREE NIVAS, VALIYAKULANGARA, OACHIRA P.O., KOLLAM, PIN- 690526.
6 VIKRAM.V, AGED 20 YEARS, S/O.VINOD, KADATHOOTTIL, THEKKATHIL, VALIYAKULANGARA, OACHIRA P.O., KARUNAGAPPALLY, KOLLAM, PIN- 690526.
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7 ADARSH.R, AGED 19 YEARS, S/O.RAMESAN P, ATTATHU VADAKKATHIL, VALIYAKULANGARA, OACHIRA P.O., KARUNAGAPPALLY, KOLLAM, PIN- 690526.
BY ADVS. SRI.K.SIJU SRI.S.ABHILASH SMT.S.SEETHA SMT.ANJANA KANNATH
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
3 MANU.T, AGED 25 YEARS, S/O.THANKACHAN, MAHESH BHAVANAM, PAYIKUZHI, OACHIRA P.O., KOLLAM- 690526.
4 B.SUJITH, AGED 21 YEARS, S/O.BHADRAN, THOTTUPARAMBIL PUTHENKANDAM, PAYIKUZHI, OACHIRA P.O, KOLLAM- 690526.
R1-R2 BY SRI RAMESH CHAND, PP R3-R4 BY ADV. SRI.A.MUHAMMED RAFFI
OTHER PRESENT:
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.130 of 2020
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O R D E R
Dated this the 5th day of March 2020
The petitioners are accused in Crime No.324/2019
of Oachira Police Station, for having allegedly committed the offences punishable under Sections 143, 147, 148, 294(b), 341, 323, 427 and 308 read with Section 34 of I.P.C. The defacto complainant-injured are respondents 3 and 4 herein, who have appeared
through a Counsel and have filed affidavits stating that the matter has been amicably settled and that
they have no existing grievance against the petitioners. A report has been filed by the
investigating officer through the learned Public Prosecutor to that effect. The injuries sustained are not life-threatening. The petitioners do not
have any criminal antecedents and no public interest is involved.
In the result, the Crl.M.C. is allowed and the entire proceedings as against the petitioners in Crime No.324/2019 of Oachira Police Station, stands
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quashed under Section 482 of Cr.P.C. and the petitioners are discharged.
Sd/-
ASHOK MENON
dkr JUDGE
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APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE 1 | COPY OF FIR WITH FIS IN CRIME NO.324/2019 OF OACHIRA POLICE STATION. |
|---|---|
| ANNEXURE 2 | AFFIDAVIT SWORN BY THE 3RD RESPONDENT REGARDING THE COMPROMISE DATED 09.12.2019. |
| ANNEXURE 3 | AFFIDAVIT SWORN BY THE 4TH RESPONDENT |
| REGARDING THE COMPROMISE DATED 09.12.2019. |
3 issues framed by the court
Whether Crl.M.C. stands quashed and petitioners discharged in case of compoundable offences after settlement
Whether parties have reached out of court settlement amicable settlement in the present case of
Whether High Court was justified for quashing of proceedings under Section 482 Cr.P.C.on account
1 provisions across 1 enactments
Gireesh
Gokul
Amal Chandra @ Chandu
Mahesh.R
Jaimon @ Jithu
Vikram.V
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
