The High Court dismissed a criminal miscellaneous case seeking to quash the final report in an offence under Sections 341, 324, and 308 IPC. The Court held that mere existence of a valid defence does not empower the High Court to usurp the trial court's jurisdiction.
The present Criminal Miscellaneous Case is dismissed.
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
MONDAY, THE 14TH DAY OF DECEMBER 2020 / 23RD AGRAHAYANA, 1942
Crl.MC.No.4613 OF 2020(F)
C.P. No.18/2020 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, THRIPUNITHURA
CRIME NO.399/2018 OF HILL PALACE POLICE STATION, ERNAKULAM
PETITIONERS/ACCUSED 2:
GOPIKRISHNAN P.G, AGED 24 YEARS, S/o ANITHA GOPAKUMAR, PISHARIKOVILWARYAM HOUSE, EROOR (PO), NADAMA VILLAGE, EROOR WEST, ERNAKULAM DISTRICT
BY ADV. SRI.BOBY THOMAS
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 THE STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, HILLPALACE POLICE STATION, ERNAKULAM DISTRICT, THROUGH THE LEARNED PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
2 ATHUL M, AGED 22 YEARS, S/o MANOJ KUMAR V, KONOTH HOUSE, IRUMBANAM P.O., HILLPALACE, THRIPPUNITHURA-682 301.
BY PUBLIC PROSECUTOR SMT. M.N.MAYA
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 14.12.2020. THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.4613 of 2020
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ORDER
The final report submitted alleging the offence punishable under Sections 341, 324 and 308 r/w Section 34 IPC sought to be quashed under Section 482 Cr.P.C. on the ground that the case was earlier settled between accused No.1 and the defacto complainant. The present applicant is accused No.2, against whom the final report was submitted. It was also submitted that no injury sustained by the defacto complainant in connection with the alleged incident. It may be a valid defence, but the same cannot be used as a ground for exhausting the jurisdiction under Section 482 Cr.P.C. This court cannot usurp the powers of trial court under Section 482 Cr.P.C. The existence of valid defence or right to maintain a discharge petition by itself will not constitute a sufficient ground to exhaust the jurisdiction under Section 482 Cr.P.C. Without prejudice to the right of petitioner to exhaust all his remedies, the present Crl.M.C. is hereby dismissed.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
Crl.M.C.No.4613 of 2020
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APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE A1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 399/2018 OF THE HILLPALACE POLICE STATION.
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO 399/2018 OF HILPALACE POLICE STATION
RESPONDENTS' ANNEXURE: NIL
// TRUE COPY //
P.A. TO JUDGE
1 issue framed by the court
Whether the existence of a valid defence or right to file a discharge petition constitutes a sufficient ground to exhaust the jurisdiction of the High Court under Section 482 Cr.P.C.
GOPIKRISHNAN P.G
THE STATE OF KERALA
ATHUL M
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
