Allowed a criminal miscellaneous petition quashing the trial proceedings in a criminal appeal case. The court cited a Supreme Court precedent to quash the proceedings due to a valid settlement in a private dispute.
The criminal miscellaneous case and all further proceedings in C.C No. 301/2020 against the petitioners 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 ZIYAD RAHMAN A.A.
FRIDAY, THE 23RD DAY OF SEPTEMBER 2022 / 1ST ASWINA, 1944
CRL.MC NO. 1576 OF 2021
CRIME NO.928/2020 OF KUNNATHUNADU POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT IN CC 301/2020 OF JUDICIAL MAGISTRATE
OF FIRST CLASS, KOLENCHERY
PETITIONERS/ACCUSED:
1 VISHNU JEEMON AGED 24 YEARS, S/O. JEEMON, THADACHIL HOUSE, MANOOR KARA, IRAPURAM VILLAGE
6 AKHIL V.B., AGED 27 YEARS, S/O BASHEER, VELLAKKOTTU HOUSE, PALLICHIRANGARA BHAGAM, PEZHAKKAPPILLY P.O., MULAVOOR VILLAGE
BY ADVS.
K.S.ARUN KUMAR SRI.JUSTINE JACOB SMT.BINDU MOHAN SMT.AMRUTHA K P
RESPONDENTS/ STATE/ COMPLAINANT:
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S/O.RAJENDRAN, PUTHENPURAYIL HOUSE, THRIKKALATHOOR
S/O. KRISHNANKUTTY, MADATHIKUDIYIL HOUSE, THRIKKALATHOOR KARA, THRIKKALATHOOR P.O., IRAPURAM VILLAGE, KUNNATHUNADU TALUK-683 541
S/O. RADHAKRISHNAN, GEETHABHAVAN HOUSE, THRIKKALATHOOR KARA, THRIKKALATHOOR P.O., IRAPURAM VILLAGE, KUNNATHUNADU TALUK-683 541
9 YADHUKRISHNAN, AGED 24 YEARS, S/O. HARIDAS, PLAMADA HOUSE, THRIKKALATHOOR KARA, THRIKKALATHOOR P.O., MULAVOOR VILLAGE, MUVATTUPUZHA TALUK-683 541 BY ADVS. SRI.M.S.DILEEP SHRI.VIJAY SANKAR V.H. M.P. PRASHANTH (SR.PP.)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.09.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No. 1576 of 2021
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ORDER
Dated this the 23rd day of September, 2022
The petitioners are the accused no. 1 to 6 in crime No.928/2020 of Kunnathunadu Police Station, which is now pending as C.C No. 301/2020 before the Judicial First Class Magistrate Court, Kolenchery. The offences alleged against the petitioner are under Sections 143, 147, 148, 448, 324, read with 149 of the Indian Penal Code.
unlawful assembly and assaulted the respondents 2 to 9 and thereby caused injuries to them. Annexure-I is the F.I.R. and Annexure-II is the final report submitted by the Police. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-II final report.
4
Crl.M.C. No. 1576 of 2021
State and Sri. M.S Dileep, learned counsel for the respondents 2 to 9.
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Crl.M.C. No. 1576 of 2021
Another [(2012) 10 SCC 303] , proceedings can be quashed by invoking the powers of this Court under Section 482 Cr.P.C. This is particularly because, on account of the settlement, no fruitful purpose would be served by allowing the prosecution to continue.
In the result, this Crl.M.C. is allowed and AnnexureII final report submitted in crime No.928/2020 of Kunnathunadu Police Station and all further proceedings in C.C No. 301/2020 on the files of the Judicial First Class Magistrate Court, Kolenchery, against the petitioners are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A. JUDGE
SK/24.9
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APPENDIX OF CRL.MC 1576/2021
PETITIONERS' ANNEXURES
ANNEXURE-I A CERTIFIED COPY OF THE FIR NO.928/2020 OF KUNNATHUNADU POLICE STATION ANNEXURE-II A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.928/2020 OF KUNNATHUNADU POLICE STATION ANNEXURE-III AFFIDAVIT SWORN BY THE 2ND RESPONDENT ANNEXURE-IV AFFIDAVIT SWORN BY THE 3RD RESPONDENT ANNEXURE-V AFFIDAVIT SWORN BY THE 4TH RESPONDENT ANNEXURE-VI AFFIDAVIT SWORN BY THE 5TH RESPONDENT ANNEXURE-VII AFFIDAVIT SWORN BY THE 6TH RESPONDENT ANNEXURE-VIII AFFIDAVIT SWORN BY THE 7TH RESPONDENT ANNEXURE-IX AFFIDAVIT SWORN BY THE 8TH RESPONDENT ANNEXURE-X AFFIDAVIT SWORN BY THE 9TH RESPONDENT RESPONDENTS' EXHIBITS: NIL
2 issues framed by the court
Whether criminal proceedings should be quashed on account of settlement in a private dispute.
Whether the dispute between the parties is purely private in nature.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherReferred¶47
Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] · Who else cites this
1 provisions across 1 enactments
VISHNU JEEMON
ASHIK
RASSAL RASHEED
FEBIN
ALFAS
AKHIL V.B.
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
