Single judge quashed criminal proceedings under IPC sections after finding the dispute settled amicably via affidavits. The court held continuance of trial would be an abuse of process and relied on Supreme Court precedents to allow the petition.
Criminal miscellaneous case allowed; proceedings in C.C. No. 711 of 2015 at Neyyattinkara is 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
MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942
Crl.MC.No.863 OF 2021(G)
CC 711/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, NEYYATTINKARA
CRIME NO.915/2014 OF Parassala Police Station , Thiruvananthapuram
PETITIONER/S:
1 SHIBU AGED 42 YEARS
S/O.RAJENDRAN, ANANDU BHAVAN, MAVADITHALA, CHENKAL DESOM, CHENKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT.
2 PRADEEP AGED 32 YEARS S/O. SUNDARAN NADAR, MEKKEPUTHEN VEEDU, KANYAKAVU, NEARBY VLATHANKARA JUNCTION, MACHIYODE DESOM, CHENKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT.
3 RANJITH AGED 24 YEARS S/O. VIKRAMAN, PERIYAVEETTIL, VLATHANKARA, MACHIYODE DESOM, CHENKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.V.VIJULAL
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
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2 AJESH @ PODIYAN AGED 26 YEARS S/O. CHRISTUDAS, RANJITH BHAVAN, VLATHANKARA, MACHIYODE DESOM, CHENKAL VILLAGE, VLATHANKARA P.O., THIRUVANANTHAPURAM DISTRICT-695134.
3 PRABHA AGED 51 D/O. SNEHAMONY, RANJITH BHAVAN, VLATHANKARA, MACHIYODE DESOM, CHENKAL VILLAGE, VLATHANKARA P.O., THIRUVANANTHAPURAM DISTRICT695134.
R2-3 BY ADV. R.T.PRADEEP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 15.03.2021, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.863 of 2021
3
ORDER
Dated this the 15th day of March , 2021
Petitioners are the accused in Crime No.915 of 2015 registered at the Parassala Police Station for offences punishable under Sections 323, 294 (b), 452, 506(ii) r/w 34 of IPC, now pending as C.C.No.711 of 2015 on the files of the Judicial First Class Magistrate Court-II, Neyyattinkara. The de facto complainant, at whose instance the crime was registered and the other injured person are arrayed as respondents 2 and 3. Annexures II and III affidavits have been filed by respondents
2 and 3, stating that the dispute which led to registration of the crime, has been settled amicably and they have no subsisting grievance in the matter. The incident occurred pursuant to a dispute between the parishioners of a church and
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devotees of a temple. The Secretary of the Temple Committee and the Vicar of the Church have filed affidavits in connected cases affirming that the dispute having been resolved, peace has been restored in the area.
2. Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioners have no criminal antecedents.
3. Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by respondents 2 and 3, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled. 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
Crl.M.C.No.863 of 2021 5
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.711 of 2015 on the files of the Judicial First Class Magistrate Court-II, Neyyattinkara is quashed.
Sd/-
V.G.ARUN JUDGE
Scl/15.03.2021
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE I TRUE COPY OF THE FINAL REPORT DATED 28/01/2015 IN CRIME NO.915/2014 OF PARASSALA POLICE STATION IN C.C. NO.711/2015 BEFORE THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE-II, NEYYATTINKARA.
ANNEXURE II AFFIDAVIT OF CW1 DATED 07/02/2021 EXPRESSING THE UNEQUIVOCAL CONSENT TO QUASH THE CRIMINAL PROCEEDINGS AGAINST THE PETITIONERS.
ANNEXURE III
AFFIDAVIT OF CW6 DATED 07/02/2021 EXPRESSING HIS UNEQUIVOCAL CONSENT TO QUASH THE CRIMINAL PROCEEDINGS AGAINST THE PETITIONERS.
3 issues framed by the court
Whether criminal proceedings can be quashed when the dispute has been settled amicably and continuation amounts to abuse of process of court.
Whether there is impediment in granting relief to quash proceedings despite the gravity of the offences alleged.
Whether the affidavits of settlement and the legal position under Supreme Court precedents justify quashing the case.
Colour shows how this judgement treated each authority
Madan Mohan Abbot v. State of PunjabExplained¶37
Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] · Who else cites this
Gian Singh v. State of Punjab and anotherExplained¶37
Gian Singh v. State of Punjab and another [(2012) 10 SCC 303] · Who else cites this
1 provisions across 1 enactments
SHIBU
PRADEEP
RANJITH
STATE OF KERALA
AJESH @ PODIYAN
PRABHA
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
V.G.ARUN
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