The High Court quashed criminal proceedings and discharged the petitioners. The order was based on the amicable settlement by injury, absence of public interest, and lack of criminal antecedents for the accused.
The Criminal Miscellaneous Case is allowed and the entire proceedings in CC No.2099/2018 is 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
WEDNESDAY, THE 05TH DAY OF FEBRUARY 2020 / 16TH MAGHA, 1941
Crl.MC.No.157 OF 2020(H)
AGAINST THE ORDER/JUDGMENT IN CC 2099/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, CHERTHALA
CRIME NO.302/2017 OF Poochakkal Police Station , Alappuzha
PETITIONERS/ACCUSED NO.1 TO 5:
1 SELVARAJ AGED 25 YEARS
S/O.RAJAPPAN, THOTTUCHIRA NIKARTH VEETTIL, WARD NO.2, ARUKUTTY PANCHAYTH, ARUKUTTY P.O., ALAZPPUZHA DISTRICT, PIN-688524.
2 HARIKRISHNAN,
AGED 25 YEARS
S/O.BABU, KAVUNKAL NIKARTH VEETTIL, WARD NO.2, ARUKUTTY PANCHAYTH, ARUKUTTY P.O., ALAZPPUZHA DISTRICT, PIN-688524.
3 SUMAN, AGED 27 YEARS S/O.RAJAPPAN, THOTTUCHIRA NIKARTH VEETTIL, WARD NO.2, ARUKUTTY PANCHAYTH, ARUKUTTY P.O., ALAZPPUZHA DISTRICT, PIN-688524.
4 PRATHEESH, AGED 38 YEARS S/O.PADMANABHAN, PATTANICHIRA VEETTIL, WARD NO.2, ARUKUTTY PANCHAYTH, ARUKUTTY P.O., ALAZPPUZHA DISTRICT, PIN-688524.
5 GIREESH ALIAS MONISH, AGED 29 YEARS
S/O.PURUSHAN, MANKULAM NIKARTH VEETTIL, WARD NO.2, ARUKUTTY PANCHAYTH, ARUKUTTY P.O., ALAZPPUZHA DISTRICT, PIN-688524.
BY ADV. SRI.P.MOHAMED SABAH
Crl.MC.No.157 OF 2020(H)
2
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
SRI. C.S.HRITHWIK SR. PP R3 TO R7 BY ADV. SRI.LIBIN STANLEY
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.157 OF 2020(H)
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ORDER
Dated this the 5th day of February 2020
The petitioners are the accused in
CC No.2099/2018 on the file of the Judicial
First Class Magistrate Court-II, Cherthala, for having allegedly committed offences punishable under Sections 143, 144, 147, 148, 294(b), 323,
324, 427 r/w Section 149 of the IPC.
the respondent Nos.3 to 7. One of the injured is no more, and a death certificate is produced to prove that at Annexure A-8. The other party respondents who had filed affidavits to the effect that the matter has been amicably settled and that they have no grievance against the petitioners. A report to that effect has
also been obtained from the Investigating
Crl.MC.No.157 OF 2020(H)
Officer. The petitioners do not have any criminal antecedents. No public interest is involved.
In the result, the Crl.M.C is allowed and
the entire proceedings as against the petitioners in CC No.2099/2018 on the file of the Judicial First Class Magistrate Court-II, Cherthala, stands quashed under Section 482 of the Cr.P.C and the accused are discharged.
Sd/-
ASHOK MENON
JUDGE
SPK
Crl.MC.No.157 OF 2020(H)
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT AND FIRST INFORMATION STATEMENT IN CRIME NO.302/2017 OF POOCHAKKAL POLICE STATION, ALAPPUZHA.
ANNEXURE 2 CERTIFIED COPY OF THE FINAL REPORT FILED BY THE 1ST RESPONDENT IN CRIME NO.302/2017 OF POOCHAKKAL POLICE STATION, ALAPPUZHA.
ANNEXURE 3 THE ORIGINAL OF THE AFFIDAVIT DATED 07.12.2019 SWORN BY THE 3RD RESPONDENT.
ANNEXURE 4 THE ORIGINAL OF THE AFFIDAVIT DATED 07.12.2019 SWORN BY THE 4TH RESPONDENT.
ANNEXURE 5 THE ORIGINAL OF THE AFFIDAVIT DATED 07.12.2019 SWORN BY THE 5TH RESPONDENT.
ANNEXURE 6 THE ORIGINAL OF THE AFFIDAVIT DATED 07.12.2019 SWORN BY THE 6TH RESPONDENT.
ANNEXURE 7 THE ORIGINAL OF THE AFFIDAVIT DATED 07.12.2019 SWORN BY THE 7TH RESPONDENT.
ANNEXURE 8 THE TRUE COPY OF THE DEATH CERTIFICATE ISSUED FROM AROOKUTTY GRAMA PANCHAYAT WITH REGARDING TO THE DEATH OF MR.MANU, WHO IS AN INJURED WITNESS IN THE ABOVE CASE.
RESPONDENT'S/S EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
1 issue framed by the court
Whether the criminal proceedings can be quashed under Section 482 Cr.P.C upon settlement and agreement by the injured parties.
1 provisions across 1 enactments
Selvaraj
Harikanathan
Suman
Pratheesh
Gireesh
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
