The Court quashed proceedings in Crime No.3007/2017 based on a settlement between the accused and the complainant. Consequently, the pending bail applications for the accused were dismissed as no further orders were required.
Crl.M.C.No.632/2019 allowed; proceedings in Crime No.3007/2017 quashed; Bail Applications Nos.700/2018 and 1725/2018 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 GOPINATH P.
WEDNESDAY, THE 1ST DAY OF DECEMBER 2021 / 10TH AGRAHAYANA, 1943
BAIL APPL. NO. 700 OF 2018
CRIME NO.3007/2017 OF ANCHALAMMOODU POLICE STATION, KOLLAM
DISTRICT.
PETITIONER/1ST ACCUSED:
SUNIL DUTH AGED 49 YEARS AGED 49 YEARS, S/O. SHANMATHURA PANICKER, AMBIYILVEEDU, MARUNTHAL, PERINADU P.O., THRIKKADAVOOR VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT, PIN - 601 601.
BY ADVS. SRI.SREEVALSAN.V SRI. V.AJITH KUMAR VETTATH SMT.M.K.SHIMI SRI.D.SREENATH
RESPONDENT/COMPLAINAT:
SUB INSEPCTOR OF POLICE ANCHALAMOODU POLICE STATION, KOLLAM, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
OTHER PRESENT:
SMT. SEETHA .S. (SR.PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.12.2021, ALONG WITH Bail Appl..1725/2018, 632/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. Nos.700/2018, 1725/2018 and Crl.M.C.No.632/2019
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 1ST DAY OF DECEMBER 2021 / 10TH AGRAHAYANA,
1943
BAIL APPL. NO. 1725 OF 2018
CRIME NO.3007/2017 OF ANCHALAMMOODU POLICE STATION, KOLLAM
DISTRICT.
PETITIONER/3RD ACCUSED:
VIMA R. AGED 42 YEARS D/O.VIKRAMAPANICKER, AGED 42 YEARS,AMBIYIL VEEDU, MURUNDAL,PARINAD P.O., KUPPANA, KOLLAM 691 601.
BY ADVS. SRI.PRATHEESH.P SMT.S.SEETHA
RESPONDENT/STATE:
STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE ANCHALUMOOD POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.12.2021, ALONG WITH Bail Appl..700/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. Nos.700/2018, 1725/2018 and Crl.M.C.No.632/2019
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 1ST DAY OF DECEMBER 2021 / 10TH AGRAHAYANA,
1943
CRL.MC NO. 632 OF 2019
CRIME NO.3007/2017 OF ANCHALAMMOODU POLICE STATION, KOLLAM
DISTRICT.
PETITIONERS/ACCUSED:
1 SUNILDATH AGED 47 YEARS S/O. SHAN, AMBIYIL VEEDU, MURUNTHAL, PERINADU P.O, THRIKKADAVOOR VILLAGE, ANCHALUMMOODU, KOLLAM-691 601
2 BIJU AGED 47 YEARS S/O. VARUNAN, VARUN NIVAS, MURUNTHAL CHERRY, THRIKKADAVOOR VILLAGE, ANCHALUMMOODU, KOLLAM-691 601 3 VIMA AGED 42 YEARS S/O. SUNILDATH, AMBIYIL VEEDU, MURUNTHAL, PERINADU P.O, THRIKKADAVOOR VILLAGE, ANCHALUMMOODU, KOLLAM-691 601
BY ADVS. PRATHEESH.P S.SEETHA
RESPONDENTS/STATE&DE-FACTO COMPLAINANT
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31
Bail Appl. Nos.700/2018, 1725/2018 and Crl.M.C.No.632/2019
4
3 SAJITHASOLY AGED 45 YEARS, D/O. LATE SHANMUTHURA PANIKER, AMBIYIL VEEDU, MURUNTHAL, PERINAD P.O, THRIKKADAVOOR VILLAGE, KOLLAM-691 601
BY ADV A.MUHAMMED RAFFI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.12.2021, ALONG WITH Bail Appl..700/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
5
Bail Appl. Nos.700/2018, 1725/2018 and Crl.M.C.No.632/2019
ORDER
[Bail Appl. Nos.700/2018, 1725/2018, Crl.M.C.No.632/2019]
The petitioners in bail application Nos.700/2018 and 1725/2018 are the 1st accused and 3rd accused in Crime No.3007/2017 of Anchalammoodu Police Station, Kollam District. When these bail applications were pending consideration before this Court, it appears that the petitioners entered into a compromise with the de-facto complainant in Crime No.3007/2017 and the memorandum of settlement has been recorded in proceedings before the Judicial First Class Magistrate Court-I, Kollam in M.C.No.95/2017 which appear to be proceedings between the petitioners in the bail applications relating to matrimonial disputes. The de-facto complainant in Crime No.3007/2017 is none other than the sister of the petitioner in Bail Application No.700/2018.
6
Bail Appl. Nos.700/2018, 1725/2018 and Crl.M.C.No.632/2019
that several issues outside the proceedings in which the settlement was arrived at have also been settled.
Bail Appl. Nos.700/2018, 1725/2018 and Crl.M.C.No.632/2019
7
are remote in the light of settlement. That view of the matter, Crl.M.C.No.632/2019 is allowed and all further proceedings in Crime No.3007/2017 of Anchalammoodu Police Station, Kollam District will stand quashed.
further orders are required in the bail applications. Accordingly, bail applications stand dismissed.
SD/-
GOPINATH P.
JUDGE
bng/01.12.2021
Bail Appl. Nos.700/2018, 1725/2018 and Crl.M.C.No.632/2019
8
APPENDIX OF CRL.MC 632/2019
ANNEXURE 1 THE COPY OF FIR IN CRIME NO. 3007/2017 OF ANCHALUMMOODU POLICE STATION ANNEXURE 2 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT REGARDING SETTLEMENT DATED 22.11.2018
3 issues framed by the court
Whether the first information report in a criminal case involving compoundable and non-compoundable offences can be quashed based on a settlement between the accused and the complainant under the Supr
Whether the settlement between the petitioners and the de-facto complainant (the sister of the petitioner) warrants the quashing of criminal proceedings to prevent miscarriage of justice
Whether bail applications pending alongside the quashing proceedings require a separate disposal order
Colour shows how this judgement treated each authority
Gian Sing Vs. State of PunjabReferred¶3
Gian Sing Vs. State of Punjab (2012 (4) KLT 108 (SC))
2 provisions across 2 enactments
SUNIL DUTH
VIMA R.
SAJITHASOLY
STATE OF KERALA
GOPINATH P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
