The High Court of Kerala allowed Revision Petitioners to quash criminal proceedings for assault and unlawful assembly. Finding the matter settled with no public interest involvement, the Court held that the accused shall stand exonerated.
The entire proceedings in C.C. No. 89 of 2019 are quashed and petitioners stand exonerated.
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 K.HARIPAL
MONDAY, THE 4TH DAY OF APRIL 2022 / 14TH CHAITHRA, 1944
CRL.MC NO. 1876 OF 2022
AGAINST THE ORDER/JUDGMENT IN CC 89/2019 OF CHIEF JUDICIAL MAGISTRATE PATHANAMTHITTA
PETITIONERS/ACCUSED 1 TO 8:
RESPONDENTS/COMPLAINANT & DE FACTO COMPLAINANT:
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ERNAKULAM, PIN - 682031 2 SOORYAKANTH
THANIMADOM HOUSE, KOOTHALI P.O., KOYILANDI, KOZHIKODE., PIN - 673532 BY ADV P.BALAN (VYTTILA)
SMT.V.SREEJA -SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No. 1876 of 2022
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ORDER
Petitioners are the accused in C.C. No. 89 of 2019 on the file of the Chief Judicial Magistrate's Court, Pathanamthitta which arose from the final report in Crime No. 1536 of 2015 of Pathanamthitta police station registered on 19.06.2015. On conclusion of investigation, charge sheet has been laid before the Chief Judicial Magistrate's Court where the case is pending as C.C. No.89 of 2019. Now contending that the matter is settled, petitioners have moved this Court under Section 482 of the Cr.P.C. for quashing the proceedings.
Crl.M.C. No. 1876 of 2022
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to political rivalry against CW1, the 2nd respondent, who was an activist of the SFI was assaulted and injured after forming an unlawful assembly. Thus offences under Sections 143, 147, 148, 451, 323, and 324 read with 149 of the IPC are alleged against the petitioners. It is alleged that the 1st accused that is the 1st petitioner had assaulted him with a wooden stick whereas others had manhandled and caused him injuries. It is important to note that the 2nd respondent did not suffer serious injuries in the occurrence. The incident had happened during the college days of the parties which stand amicably settled out of Court. The affidavit of the 2nd respondent filed along with the Criminal Miscellaneous Case also indicates that he has no subsisting grievance against the petitioners and has no objection in quashing the proceedings on the ground of settlement.
Crl.M.C. No. 1876 of 2022
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public interest is involved in the case, entire proceedings in C.C. No. 89 of 2019 on the file of the Chief Judicial Magistrate's Court, Pathanamthitta are quashed and the petitioners shall stand exonerated.
The Criminal Miscellaneous Case is allowed as above.
Sd/-
K. HARIPAL JUDGE
RMV/04/04
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APPENDIX OF CRL.MC 1876/2022
PETITIONER ANNEXURES Annexure1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 1536/15 OF PATHANAMTHITTA POLICE STATION. Annexure2 AFFIDAVIT DATED 9/2/2022 SWORN BY THE 2ND RESPONDENT.
TRUE COPY
P.A.TO JUDGE
3 issues framed by the court
Whether criminal proceedings for assault and unlawful assembly arising from a settled political rivalry can be quashed under Section 482 of the Cr.P.C.
Whether a private settlement between the injured respondent and accused extends to the de jure State respondent when public interest is not shown to be involved.
Whether the order of the Magistrate laying charges in C.C. No. 89 of 2019 can be quashed upon satisfactory proof that the matter is settled out of court.
1 provisions across 1 enactments
Afzal Khan and 7 others
State of Kerala through SHO, Pathanamthitta
Sooryakanth
K. Haripal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
