The High Court allowed two criminal miscellaneous petitions filed to quash criminal proceedings in a case and counter case between close relatives where disputes were settled, invoking Section 482 of Cr.P.C. to prevent abuse of process.
Crl.MC Nos. 4235/2013 and 1665/2015 allowed; all further proceedings in C.P. No. 42/2013 and S.C. No. 343/2013 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.
Crl.MC Nos.4235/2013, 1665/2015
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 20TH DAY OF JULY 2022 / 29TH ASHADHA, 1944
CRL.MC NO. 4235 OF 2013
CRIME NO.1164/2012 OF Mankara Police Station, Palakkad
AGAINST CP 42/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -
II, PALAKKAD
PETITIONERS/ACCUSED:
1 VIJAYANAGED 45 YEARS, S/O. VISHWAMBARAN NAIR, AMBADI, MANDEKKAD, KINAVALLUR.2 SUNITHA C.V. AGED 39 YEARS, W/O. VIJAYAN, AMBADI, MANDEKKAD, KINAVALLUR.3 SMITHA AGED 37 YEARS, D/O. VELLA, AMBADI, MANDEKKAD, KINAVALLUR.BY ADVS.
SRI.P.VIJAYA BHANU (SR.)
SRI.M.REVIKRISHNAN
SRI.VIPIN NARAYAN
RESPONDENT/S:
1 ANITHA KUMARIAGED 49 YEARS, W/O. SUBRAMANIAN, SURYA NIVAS,
MANDEKKAD, KINAVALLUR - 678 612.
2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.R1 BY ADV SRI.V.A.JOHNSON (VARIKKAPPALLIL)
R2 BY SRI.SANGEETHA RAJ-PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 20.07.2022, ALONG WITH Crl.MC.1665/2015, THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:
Crl.MC Nos.4235/2013, 1665/2015
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH WEDNESDAY, THE 20TH DAY OF JULY 2022 / 29TH ASHADHA, 1944
CRL.MC NO. 1665 OF 2015
AGAINST CP 42/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -
II, PALAKKAD
SC 343/2013 OF ADDITIONAL SESSIONS COURT (ADHOC) III,
PALAKKAD
PETITIONER/ACCUSED:
SUBRAMANIAN
AGED 52 YEARS
S/O. PAZHANIMALA, RESIDING AT SURYA NIVAS,
MANDEKKAD, KINAVALLUR, PALAKKAD.
BY ADV SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENTS/STATE:
1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, REPRESENTING THE SUB INSPECTOR
OF POLICE, PALAKKAD TOWN SOUTH POLICE STATION,
PALAKKAD DISTRICT.
2VIJAYAN
SON OF VISWANATHAN NAIR, AMBADY, MANDEKKAD,
KINAVALLUR, PALAKKAD - 678 615.
BY ADVS.
R1 BY SRI.SANGEETHA RAJ-PUBLIC PROSECUTOR
R2 BY SRI.P.M.RAFIQ
SRI.M.REVIKRISHNAN
SRI.P.VIJAYA BHANU SR.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 20.07.2022, ALONG WITH Crl.MC.4235/2013, THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:
Crl.MC Nos.4235/2013, 1665/2015
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O R D E R
[Crl.MC Nos.4235/2013, 1665/2015]
Crl.M.C.No.4235/2013 has been filed to quash all further
proceedings in C.P No.42/2013 on the file of the Judicial First
Class Magistrate Court II, Palakkad and Crl.M.C No.1665/2015 has
been filed to quash all further proceedings in S.C.No.343/2013 on
the file of the Additional Sessions Court (Fast Track Court III), Palakkad.
counter case. The parties are close relatives. Both crimes are of
the year 2012. Both counsel submits that by the passage of time,
the disputes have been settled and both parties are not interested
to proceed with the matter further. Both counsel submits that
they have no objection in quashing both the crimes.
Crl.MC Nos.4235/2013, 1665/2015
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(4) KLT 108 (SC)], Narinder Singh and Others v. State of Punjab
and Others [(2014) 6 SCC 466] and in State of Madhya Pradesh
v. Laxmi Narayan and Others [(2019) 5 SCC 688] has held that the High Court by invoking S.482 of Cr.P.C can quash criminal proceedings in relation to non compoundable offence where the parties have settled the matter between themselves notwithstanding the bar under S.320 of Cr.P.C. if it is warranted in the given facts and circumstances of the case or to ensure the
ends of justice or to prevent abuse of process of any Court.
nature. No public interest or harmony will be adversely affected by quashing the proceedings. The offences in question do not fall within the category of offences prohibited for compounding in terms of the pronouncement of the Apex Court in Gian Singh (supra), Narinder Singh (supra) and Laxmi Narayan (supra).
Hence, I am of the view that no purpose will be served in proceeding with the matter any further. Accordingly, both
Crl.MC Nos.4235/2013, 1665/2015
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Crl.M.Cs are allowed. All further proceedings in C.P No.42/2013
on the file of the Judicial First Class Magistrate Court II, Palakkad and S.C.No.343/2013 on the file of the Additional Sessions Court (Fast Track Court III), Palakkad hereby stands quashed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
ab
Crl.MC Nos.4235/2013, 1665/2015
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APPENDIX OF CRL.M.C NO.4235/2013
PETITIONERS ANNEXURES:
ANNEXURE A: COPY OF THE PRIVATE COMPLAINT IN C.P.No.42/2013
OF THE JUDL.FIRST CLASS MAGISTRATE COURT II,
PALAKKAD.
ANNEXURE B: COPY OF THE FINAL REPORT IN S.C.NO.343/2013
ANNEXURE C: COPY OF THE PROCEEDINGS PAPER IN C.PNO.42/2013
ANNEXURE D: COPY OF THE SWORN STATEMENT OF CW1
ANNEXURE E: COPY OF THE SWORN STATEMENT OF CW2
ANNEXURE F: COPY OF THE SWORN STATEMENT OF CW3
ANNEXURE G: COPY OF THE SWORN STATEMENT OF CW4
RESPONDENTS ANNEXURES: NIL
Crl.MC Nos.4235/2013, 1665/2015
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APPENDIX OF CRL.MC 1665/2015
PETITIONER EXHIBITS
ANNEUXRE A1 A TRUE COPY OF THE FIR IN CRIME NO. 1164/12 OF THE MANKARA POLICE STATION. ANNEXURE A2 A TRUE COPY OF THE FINAL REPORT IN CRIME NO. 1164/12 OF THE MANKARA POLICE STATION. ANNEXURE A3 A TRUE COPY OF THE PRIVATE COMPLAINT SUBMITTED BY THE WIF OF THE PETITIONER. ANNEXURE A4 A TRUE COPY OF THE PROCEEDINGS PAPER OF THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE NUMBER - II, PALAKKAD IN CP NUMBER 42/13.
RESPONDENTS ANNEXURES: NIL
3 issues framed by the court
Whether criminal proceedings in a case and counter case between close relatives can be quashed after settlement.
Whether invoking Section 482 of Cr.P.C. is warranted to end further proceedings to ensure the ends of justice.
Whether quashing the prosecution will adversely affect public interest or harmony.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabExplained¶57
Gian Singh v. State of Punjab [2012 (4) KLT 108 (SC)]
Narinder Singh and Others v. State of Punjab and OthersExplained¶57
Narinder Singh and Others v. State of Punjab and Others [(2014) 6 SCC 466] · Who else cites this
State of Madhya Pradesh v. Laxmi Narayan and OthersExplained¶57
State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688] · Who else cites this
1 provisions across 1 enactments
VIJAYAN
SUNITHA C.V.
SMITHA
ANITHA KUMARI
STATE OF KERALA
SUBRAMANIAN
KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court