The High Court of Kerala quashed a Final Report and further proceedings in a criminal case involving offences under IPC. The settlement between defacto complainants prevented further purpose, and existing judgments acquitted several accused.
Quashed the Final Report and further proceedings in the criminal case; allowed the Criminal Misc. application.
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 P.SOMARAJAN
FRIDAY, THE 23RD DAY OF OCTOBER 2020 / 1ST KARTHIKA, 1942
Crl.MC.No.3046 OF 2020(A)
AGAINST THE ORDER/JUDGMENT IN SC 1022/2012 OF ADDITIONAL SESSIONS COURT,NEYYATTINKARA
AGAINST THE ORDER/JUDGMENT IN CP 106/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -II,NEYYATTINKARA
CRIME NO.330/2011 OF Thiruvallam Police Station , Thiruvananthapuram
PETITIONER:
RENJITH AGED 33 YEARS S/O RAVIDRAN, T.C.67/144, G.G.COLONY, PANTHARA, PACHALLOOR DESOM, THIRUVALLOM VILLAGE, THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.SHAJIN S.HAMEED
RESPONDENTS/STATE:
1 STATE OF KERALA REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
ADDL.2 SHIBU, AGE 36, S/O. VELUKUTTY, JAYANTHI MANTIRAM, NEAR PANATHURA MUSLIM MOSQUE, PACHALLOOR DESOM, THIRUVALLOM VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN- 695 027.
(ADDL. R2 IS IMPLEADED AS PER ORDER DATED 23.10.2020 IN CRL.M.A. 1/2020)
ADDL.3 ARUN LAL @ ARUN, AGE 27, S/O. SATHEESH KUMAR, AMBIKA MANDIRAM, NEAR PANATHURA MUSLIM MOSQUE, PACHALLOR DESOM, THIRUVALLOM VILLAGE, THIRUVANANTHAPURAM DISTRICT. PIN 695 527
ADDL.4 BALAMURUGAN, AGE 41, S/O. NEGENDRAN, AMBIKA MANDIRAM, NEAR PANATHURA MUSLIM MOSQUE, PACHALLOOR DESOM, THIRUVALLOM VILLAGE, THIRUVANANTHAPURAM DISTRICT. PIN695 527
(ADDL.R3 AND R4 ARE IMPLEADED AS PER ORDER DATED 23.10.2020 IN CRL.M.A NO.2/2020)
R1 BY ADV. SRI. RAMESH CHAND, PUBLIC PROSECUTOR R2-3 BY ADV. BIJU VARGHESE ABRAHAM
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 23.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.3046 OF 2020(A)
2
ORDER
Annexure B is the judgment by which accused Nos. 1,3 and 4 were acquitted. Accused No.3 is a juvenile. Annexure E to G are the affidavits sworn by the defacto complainants, CW1 to CW3, in which the issue was settled amicably between them. The crime was registered and the final report was submitted under Sections 143, 147, 148, 294 (b) 324 and 308 r/w Section 149 IPC. Since accused Nos.1,3 and 4 were acquitted, the offence under Sections 143, 147, 148 and 149 IPC will not stand. Since the matter is settled out of court, no purpose will be served, if it is proceeded further. Hence the final report and further proceedings thereof are hereby quashed.
The Crl.M.C. is allowed accordingly
Sd/-
P.SOMARAJAN JUDGE
SPV
Crl.MC.No.3046 OF 2020(A)
3
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO 330/2011 OF THIRUVALLAM POLICE STATION ANNEXURE B PHOTOCOPY OF THE JUDGMENT DATED 20.8.2018 IN SC NO 1028/2012 OF THE ADDITIONAL SESSIONS COURT, NEYYATTINKARA ANNEXURE C CERTIFIED COPY OF THE DEPOSITION OF PWI IN S.C NO.1022/2012 OF THE ADDITIONAL SESSION COURT, NEYYATTINKARA ANNEXURE D CERTIFIED COPY OF THE DEPOSITION OF PW2 IN S.C NO 1022/2012 OF THE ADDITIONAL SESSIONS COURT, NEYYATTINKARA ANNEXURE E AFFIDAVIT SWORN BY CW1 ANNEXURE F AFFIDAVIT SWORN BY CW2 ANNEXURE G AFFIDAVIT SWORN BY CW3
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
1 issue framed by the court
Whether a criminal proceeding should be quashed when the matter is settled amicably and accused persons have been acquitted.
5 provisions across 1 enactments
RENJITH
STATE OF KERALA
ADDL.2 SHIBU
ADDL.3 ARUN LAL
ADDL.4 BALAMURUGAN
PSOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
