The High Court of Kerala allowed a criminal miscellaneous case to quash FIRs registered under Sections 394, 341, and 323 IPC. Despite Section 394 being serious, quashing was granted due to settlement and the finding that the offence arose during moral policing.
FIR in Crime No. 1131 of 2021 and C.C. No. 551 of 2022 were 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 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
CRL.MC NO. 1619 OF 2022
Crime No. 1131 Of 2021 of Vadakkekkara Police Station.
PETITIONER/SOLE ACCUSED:
JOSY.O.A
AGED 52 YEARS
"OTTARACKAL HOUSE",
PARUVATHURUTH, PARAVUR P.O,
PARAVUR, ERNAKULAM (DIST), PIN - 683513
BY ADVS.
N.K.SHYJU
GIREESH PANKAJAKSHAN
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA
ERNAKULAM, PIN - 682031
2RANGANATHAN
AGED 66 YEARS
SON OF KUTTAPPAN "KAYIKKARA PARAMBIL (H)"
MAITHANAM, CHERAYI, PALLIPURAM, ERNAKULAM, PIN -
683514
BY ADVS.
PUBLIC PROSECUTOR
ARCHANA MITHRAN O.K.
OTHER PRESENT:
ADV SREEJA V - SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.10.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.1619 of 2022
: 2 :
ORDER
Dated this the 21st day of October, 2022
The petitioner is the sole accused in Crime No. 1131 of 2021 of Vadakkekkara Police Station, which was registered for the offence punishable under Section 394 and 294 (b) of Indian Penal Code.
Crl.M.C.No.1619 of 2022 : 3 :
appearing for the 2nd respondent/ de facto complainant also confirms the same. The learned Public Prosecutor, upon instructions, submitted that the Station House Officer concerned has verified the veracity of the same and found it to be genuine.
In the result, this Crl.M.C. is allowed, and Annexure-I FIR submitted in crime No. 1131 of 2021 of Vadakkekkara Police Station and all further proceedings in
Crl.M.C.No.1619 of 2022
: 4 :
C.C.No. 551 of 2022 on the file of the Judicial First Class Magistrate Court 1, North
Paravur, against the petitioner are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
anm
Crl.M.C.No.1619 of 2022 : 5 :
APPENDIX OF CRL.MC 1619/2022
PETITIONER ANNEXURES
Annexure ICERTIFIED COPY OF THE ORDER FIR IN CRIME
NO. 1131/2021 VADAKKEKARA POLICE STATION.
ERNAKULAM DIST.
Annexure IIAFFIDAVIT BY THE DE-FACTO COMPLAINANT
DATED 23.02.2022
2 issues framed by the court
Whether criminal proceedings under Section 394 IPC can be quashed where the dominant intention appeared to be moral policing and settlement was reached.
Whether Section 394 IPC, being a serious offence, precludes quashing of proceedings on the basis of settlement.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherReferred¶24
Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] · Who else cites this
JOSY.O.A
STATE OF KERALA
RANGANATHAN
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court