The High Court of Kerala granted the withdrawal of Plea, ordered quashing of criminal proceedings filed under IPC sections 341, 323 and 324. The court was satisfied that the dispute leading to the crime settlement amicably by the complainant. Limited to the case's conclusions.
This Crl.M.C is allowed. The proceedings in C.C.No.318 of 2020 are 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 V.G.ARUN
THURSDAY, THE 15TH DAY OF OCTOBER 2020 / 23RD ASWINA, 1942
Crl.MC.No.3814 OF 2020(F)
AGAINST THE ORDER/JUDGMENT IN CC 318/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, OTTAPPALAM
CRIME NO.60/2020 OF Cherpulassery Police Station , Palakkad
PETITIONER/S:
MOIDEENKUTTY
AGED 59 YEARS S/O.HAMZA, KAYYALIKKAL HOUSE, CHERPULASSERY P.O., PALAKKAD DISTRICT, PIN-679 503.
BY ADVS. SRI.DINESH MATHEW J.MURICKEN SRI.VINOD S. PILLAI
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DISTRICT, PIN-682 031.
2 MOIDEENKUTTY, AGED 33 YEARS S/O.ABU, VENGADAN HOUSE, ODAMALA, VALAMKULAM P.O., PERINTHALMANNA, MALAPPURAM DISTRICT, PIN-679 357.
R2 BY ADV. N.R.SANGEETHARAJ
OTHER PRESENT:
SR.PP.AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC.3814/2020
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V.G.ARUN, J.
CRL.M.C.No. 3814 of 2020
Dated this the 15th day of October, 2020
O R D E R
Petitioner is the accused in Crime No.60 of 2020 registered at the Cherpulassery Police Station for offences punishable under Sections 341, 323 and 324 of IPC, now pending as C.C.No.318 of 2020 on the files of the Judicial First Class Magistrate Court, Ottappalam. The de facto complainant, at whose instance the crime was registered, is arrayed as the 2nd respondent. Annexure A4 affidavit has been filed by 2nd respondent stating that the dispute, which led to registration of the crime, has been settled amicably and that he has no subsisting grievance in the matter.
CRL.MC.3814/2020
3
respondent, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and that no public interest is involved in this matter. Moreover, in view of the settlement, possibility of the criminal proceedings ending in conviction is remote. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] and Gian Singh v. State of Punjab and another [(2012) 10 SCC 303], there is no impediment in granting the relief sought.
In the result, this Crl.M.C is allowed. The proceedings in C.C.No.318 of 2020 on the files of the Judicial First Class Magistrate Court, Ottappalam is quashed.
Sd/-
V.G.ARUN, JUDGE
vgs
CRL.MC.3814/2020
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.60/2020 OF CHERPULASSERY POLICE STATION DATED 10.03.2020.
ANNEXURE A2 TRUE COPY OF THE FIRST INFORMATION STATEMENT IN CRIME NO.60/2020 OF CHERPULASSERY POLICE STATION DATED 10/03/2020.
ANNEXURE A3 CERTIFIED COPY OF THE FINAL REPORT IN CC NO.318/2020 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, OTTAPPALAM ARISING OUT OF CRIME NO.60/2020 OF CHERPULASSERY POLICE STATION DATED 31.03.2020.
ANNEXURE A4 AFFIDAVIT SWORN BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT DATED 22.06.2020.
1 issue framed by the court
Whether criminal proceedings can be quashed upon settlement of the dispute despite the gravity of the offences alleged.
Colour shows how this judgement treated each authority
Madan Mohan Abbot v. State of PunjabExplained¶27
Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] · Who else cites this
Gian Singh v. State of Punjab and anotherExplained¶27
Gian Singh v. State of Punjab and another [(2012) 10 SCC 303] · Who else cites this
MOIDEENKUTTY
STATE OF KERALA
MOIDEENKUTTY
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
