This High Court quashed criminal proceedings following a settlement between the accused and the injured parties. The court found the dispute settled, no public interest involved, and continuation as an abuse of process, relying on Supreme Court precedents.
The criminal proceedings in C.C.No. 252 of 2019 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
WEDNESDAY, THE 10TH DAY OF MARCH 2021 / 19TH PHALGUNA, 1942
Crl.MC.No.732 OF 2021(B)
AGAINST THE ORDER/JUDGMENT IN CC 252/2019 OF JUDL. FIRST CLASS MAGISTRATE COURT,NORTH PARAVUR (TEMPORARY)
CRIME NO.485/2019 OF Varappuzha Police Station , Ernakulam
PETITIONER/S:
1 GEORGE JOSEPH @ JINU AGED 26 YEARS S/O.JOSHY, KUNNATHU PARAMBIL HOUSE, VALIYA KADAMAKUDI KARA, NEAR ST.JOSEPH CHURCH, KADAMAKUDY VILLAGE, ERNAKULAM-683517.
2 SHINOY JOSEPH @ SHINU, AGED 22 YEARS S/O.JOSHY, KUNNATHU PARAMBIL HOUSE, VALIYA KADAMAKUDI KARA, NEAR ST.JOSEPH CHURCH, KADAMAKUDY VILLAGE, ERNAKULAM-683517.
BY ADV. SRI.C.Y.VINOD KUMAR
RESPONDENT/S:
1 STATE OF KERALA (REP. BY THE SUB INSPECTOR OF POLICE, CR.NO.485/2019 OF VARAPUZHA POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM682031.
2 AUGUSTINE JOSEPH AGED 26 YEARS S/O.JOSEPH, KALLUVEETTIL HOUSE, VALIYA KADAMAKUDI KARA, NEAR ST.JOSEPH CHURCH, KADAMAKUDY VILLAGE, ERNAKULAM-683517.
3 AUGUSTINE THOMAS AGED 22 YEARS S/O.JOSEPH, KALLUVEETTIL HOUSE, VALIYA KADAMAKUDI KARA, NEAR ST.JOSEPH CHURCH, KADAMAKUDY VILLAGE, ERNAKULAM-683517.
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4 GODSON JOHNSON AGED 30 YEARS S/O.JOHNSON, KALLUVEETTIL HOUSE, VALIYA KADAMAKUDI KARA, NEAR ST.JOSEPH CHURCH, KADAMAKUDY VILLAGE, ERNAKULAM-683517.
R2-4 BY ADV. SRI.M.A.AUGUSTINE R2-4 BY ADV. SRI.A.R.NIMOD
OTHER PRESENT:
SRI.RENJITH.T.R,PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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O R D E R
Dated this the 10th day of March, 2021
Petitioners are the accused in Crime No.485 of 2019 registered at the Varapuzha Police Station for offences punishable under Sections 323, 324, 294 (b) r/w 34 of IPC, now pending as C.C.No.252 of 2019 on the files of the Judicial First Class Magistrate Court-III, North Paravoor The de facto complainant, at whose instance the crime was registered, and the other injured person are arrayed as respondents 2 to 4. Annexures A2, A3 and A4 are the affidavits filed by respondents 2 to 4 respectively, stating that the dispute, which led to registration of the crime, has been settled amicably and they have no subsisting grievance in the matter.
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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. 252 of 2019 (Cr.458 of 2019 of Varapuzha Police Station) on the files of the Judicial First Class Magistrate Court-III, North Paravoor is quashed.
Sd/V.G.ARUN JUDGE
SJ
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE CHARGE SHEET C.C.NO.252/2019 (CR.485/19 OF VARAPUZHA POLICE STATION) PENDING ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, NORTH PARAVOOR. ANNEXURE A2 AFFIDAVIT SWORN BY THE 2ND RESPONDENT. ANNEXURE A3 AFFIDAVIT SWORN BY THE 3RD RESPONDENT. ANNEXURE A4 AFFIDAVIT SWORN BY THE 4TH RESPONDENT.
2 issues framed by the court
Whether criminal proceedings can be quashed upon settlement of the dispute?
Whether continuance of proceedings would amount to an abuse of process of court?
Colour shows how this judgement treated each authority
Madan Mohan Abbot v. State of PunjabRelied on¶32
Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] · Who else cites this
Gian Singh v. State of Punjab and anotherRelied on¶32
Gian Singh v. State of Punjab and another [(2012) 10 SCC 303] · Who else cites this
George Joseph @ Jinu
Shinov Joseph @ Shinu
State of Kerala
Augustine Joseph
Augustine Thomas
Godson Johnson
V.G.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
