This order quashes the criminal proceedings against accused Nos. 2 to 6 in a cheating androwning case for IPC Sections 341, 323, 324 and 34. The court relied on settlement affidavits and determined that continuing proceedings would amount to an abuse of the court's process.
The criminal proceedings in C.C. No.1957/2018 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
TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943
Crl.MC.No.1215 OF 2020(B)
AGAINST THE ORDER/JUDGMENT IN CC 1957/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III,THRISSUR
CRIME NO.884/2018 OF OLLUR POLICE STATION, THRISSUR
PETITIONER/ACCUSED NO. 2 TO 6:
1 ARJUN, AGED 22 YEARS S/O. SUNUILKUMAR, EDASSERY HOSE, CHOORAKKATTUKARA DESOM, PUZHAKKAL VILLAGE, THRISSUR DISTRICT.
2 FEMIN, AGED 22 YEARS S/O. FRANCIS, ALAPPADAN HOUSE, PUTHURUTHI DESOM MUNDATHIKODE VILLAGE, THRISSUR DISTRICT .
3 HARI NARAYANAN, AGED 22 YEARS S/O.NARAYANAN KUTTATH HOUSE, PUTHURKKARA DESOM, AYYANTHOLE VILLAGE, THRISSUR THALUK, THRISSUR DISTRICT.
4 ROHIT, AGED 22 YEARS S/O. SREENIVASAN, ARANGAN HOUSE, KORANODY DESOM, VARANDARAPPILLY VILLAGE, THRISSUR DISTRICT.
5 SHIJIL, AGED 21 YEARS S/O. SURESH, NJARASSERY HOSE , ARATTUPUZHA DESOM, ARATTUPUZHA VILLAGE, THRISSUR DISTRICT.
BY ADVS. SHRI.SREERAJ M.D. SRI.K.A.NIDHIN
RESPONDENTS/DE FACTO COMPLAINANT AND INJURED:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI 682 031.
CRL.M.C.NO.1215 OF 2020
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2 AKASH, AGED 19 YEARS S/O. PRAKASH, ANAKKUTTUNGL HOUSE, KANNAMPUTHUR DESOM, VADAKKE THORAVU VILLAGE, MUKUNDAPURM THALUK, THRISSUR DISTRICT 680 687.
3 AJITH, AGED 19 YEARS S/O. SURESH, VILAKKATHALA NAIR, HOUSE, CHAKKALAPRAMBU DESOM, KODANNUR VILLAGE, THRISSUR THALUK, THRISSUR DISTRICT 680 574.
*** 4 ANJAL N. K. AGED 20 YEARS S/O KUTTAN NEDUMBILLY HOUSE, KATTUR POST, MUKUNDAPURAM THALUK, THRISSUR DISTRICT**
*** IMPLEADED AS ADDITIONAL 4TH RESPONDENT AS PER ORDER DATED 12.03.2020 IN CRL.M.A.NO.2/2020 IN CRL.M.C.NO.1215/2020**
R2-3 BY ADV. M.P.PRIYESHKUMAR R4 BY ADV. SMT.K.R.ARUNASREE
OTHER PRESENT:
SR.PP.C.S.HRITHWIK;ASG P.VIJAYAKUMAR FOR R4.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C.NO.1215 OF 2020
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O R D E R
Dated this the 23rd day of March 2021
Petitioners are accused Nos. 2 to 6 in Crime No.884/2018 registered at the Ollur Police Station, Thrissur City for offences punishable under Sections 341, 323 & 324 read with Section 34 of IPC, now pending as C.C. No.1957/2018 on the files of Judicial First Class Magistrate Court-III, Thrissur. The de facto complainant, at whose instance the crime was registered and the other injured persons, arrayed as respondent Nos.2 to 4 respectively, have filed Annexure-A-3 to A-5 affidavits, stating that the dispute, which was the reason for the incident and registration of the crime, has been resolved amicably and they have no subsisting grievance against the petitioners.
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have no criminal antecedents.
perused the affidavits filed by respondent Nos. 2 to 4, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and no public interest is involved in this matter. The fact that the petitioners and the defacto complainant/injured were students, when the incident occurred is also taken into consideration. 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.
CRL.M.C.NO.1215 OF 2020
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Further proceedings in C.C.No.1957/2018 on the files
of Judicial First Class Magistrate Court-III, Thrissur is quashed.
Sd/-
V.G.ARUN
JUDGE
NB/23.03.2021
CRL.M.C.NO.1215 OF 2020
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APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO. 884 OF 2018 OF OLLUR POLICE STATION. ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 884 OF 2018 OF OLLUR POLICE STATION. ANNEXURE A3 AFFIDAVIT DATED 30TH.01.2020 EXECUTED BY THE 2ND RESPONDENT/DEFACTO FACTO COMPLAINT. ANNEXURE A4 AFFIDAVIT DATED 30TH -01-2020 EXECUTED BY THE 3RD RESPONDENT. ANNEXURE A5 ORIGINAL AFFIDAVIT SWORN BY ADDITIONAL 4TH RESPONDENT DATED 28-02-2021.
RESPONDENT'S EXHIBITS: NIL
TRUE COPY P.A. TO JUDGE
2 issues framed by the court
Whether the criminal proceedings can be quashed in view of the settlement of the dispute between the accused and the complainants.
Whether the continuation of the proceedings amounts to an abuse of the process of the court.
Colour shows how this judgement treated each authority
Madan Mohan Abbot v. State of PunjabReferred¶37
Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] · Who else cites this
Gian Singh v. State of Punjab and anotherReferred¶37
Gian Singh v. State of Punjab and another [(2012) 10 SCC 303] · Who else cites this
ARJUN, aged 22 years
FEMIN, aged 22 years
HARI NARAYANAN, aged 22 years
ROHIT, aged 22 years
SHIJIL, aged 21 years
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
