The High Court of Kerala quashed criminal proceedings under Section 482 Cr.P.C regarding an IPC dispute over car parking and assault. The court held that since the matter was settled, the second respondent sustained no serious injury, and no public interest was hampered.
Entire proceedings in Crime No. 144/2021 of Attingal police station 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 K.HARIPAL
MONDAY, THE 6TH DAY OF DECEMBER 2021 / 15TH AGRAHAYANA, 1943
CRL.MC NO. 1029 OF 2021
(CRIME NO.144/2021 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT)
PETITIONERS/ACCUSED 1 TO 4:
| 1 | SHAIJU |
|---|---|
| AGED 43 YEARS | |
| S/O. SUGATHAN, PRANAVAM, | |
| AYANTHI, VARKALA, | |
| THIRUVANANTHAPURAM DISTRICT-695 141 | |
| 2 | BABU, |
| AGED 57 YEARS | |
| S/O. SREEDHARAN, | |
| BIJEESHBHAVAN, AYANTHI, | |
| VARKALA, | |
| THIRUVANANTHAPURAM DISTRICT-695 141 | |
| 3 | ASOKAN, |
| AGED 59 YEARS | |
| S/O. SADASIVAN, | |
| ANAMIKA, AYANTHI, VARKALA, | |
| THIRUVANANTHAPURAM DISTRICT-695 141 | |
| 4 | SAHUL, |
| AGED 39 YEARS | |
| S/O. SUGATHAN, PRANAVAM, | |
| AYANTHI, VARKALA, | |
| THIRUVANANTHAPURAM DISTRICT-695 141 | |
| BY ADV A.CHANDRA BABU |
RESPONDENTS:
| 1 | STATE OF KERALA |
|---|---|
| REPRESENTED BY PUBLIC PROSECUTOR, |
|
| HIGH COURT OF KERALA-682031 | |
| 2 | ANAZ |
| AGED 31 YEARS | |
| S/O. SAIDUMUHAMMED, | |
| ALOOR HOUSE, AKG NAGAR, | |
| MAY FIRST ROAD, THAMMANAM, | |
| ERNAKULAM DISTRICT-682 032 | |
| 3 | G.S.BROWN |
| AGED 51 YEARS | |
| S/O.GANGADHARAN, CHARUVILA VEEDU, |
|
| KUNNUVARAM, ATTINGAL, | |
| THIRUVANANTHAPURAM DISTRICT-695 101 | |
| BY ADV SRI.P.ANOOP (MULAVANA) | |
| SR.PP -SRI. HRITHWIK C.S. |
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.12.2021, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.1029 of 2021
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ORDER
Petitioners are the accused in Crime No.144/2021 of Attingal police station registered on 28.01.2021 alleging offence punishable under Sections 452, 323, 324, 294(b), 427 and 308 read with Section 34 of the IPC. The incident had happened at 08.15.p.m on 27.01.2021 on account of a dispute on parking of a car in front of a hotel by name Ramees, some altercation erupted between the petitioners and respondents 2 and 3 and in furtherance of their common intention, it is alleged, petitioners after making preparations, trespassed upon the said hotel and assaulted the informant Anas, who is the 2nd respondent with a granite piece; a mobile phone kept in the hotel was thrown on the ground and destroyed and also mischiefs were committed by the accused persons. Now the case is under investigation. Petitioners have moved this Court under Section 482 of the Cr.P.C for quashing the proceedings on the ground that the matter stands settled with the party respondents 2 and 3. The 2nd respondent is
Crl.M.C.No.1029 of 2021
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the defacto complainant. Statement was filed by 2nd and 3rd respondents stating that the matter was settled. It is also stated that there was a counter claim as Crime No.143/2021 of Attingal police station and both the cases have been settled. It has also been brought to my notice that for quashing the proceedings pursuant to the registration of the Crime No.143/2021, Crl.M.C.No.1025/2021 has been filed which is pending consideration.
settlement reached between the parties. Annexures A3 and A4 affidavits also indicate that both the cases have been settled and party respondents do not have any objection in quashing the proceedings. It is also clear that party respondents are the petitioners in Crl.M.C No.1025/2021, in their capacity as the accused in Crime No.143/2021. It also does not seem that the 2nd respondent has sustained serious injury in the occurrence so that
Crl.M.C.No.1029 of 2021
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by settling the matter no public interest is hampered. In the
result, entire proceedings in Crime No. 144/2021 of Attingal
police station are quashed.
Crl.M.C is allowed as above.
Sd/-
K.HARIPAL
JUDGE
Jms/06.12
//True Copy// P.A to Judge
Crl.M.C.No.1029 of 2021
5
APPENDIX OF CRL.MC 1029/2021
PETITIONER ANNEXURE ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO. 144/2021 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT. ANNEXURE A2 TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND AND 3RD RESPONDENTS
1 issue framed by the court
Whether criminal proceedings under IPC sections 452, 323, 324, 294(b), 427, 308 and 34 should be quashed pursuant to Section 482 of Cr.P.C given a settlement between the parties and no serious injury
8 provisions across 2 enactments
SHAIJU
BABU
ASOKAN
SAHUL
STATE OF KERALA
ANAZ
K.HARIPAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
