The Kerala High Court allowed a criminal miscellaneous petition seeking quashing of proceedings under Section 482 Cr.P.C. The court quashed charges for offenses including Section 308 IPC, citing a settled private tenancy dispute and lack of serious injuries, relying on Gian Singh.
Crl.M.C. No. 2008/2022 allowed; Final Report and C.P. No. 16/2022 quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 12TH DAY OF JULY 2022/21ST ASHADHA, 1944 CRL.MC NO. 2008 OF 2022
CP 16/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS,
MALAPPURAM
PETITIONER:
PRAKASHAN K AGED 40 YEARS S/O. VELAYUDHAN, KAMMADAN HOUSE, NAYADIPPARA, KOTTAKAL, MALAPPURAM DISTRICT , PIN - 676503 BY ADV K.RAKESH
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER KOTTAKKAL POLICE STATION, MALAPPURAM DISTRICT , PIN - 676503 3 ISMAIL P AGED 61 YEARS S/O. KUNJIMOYTHEEN, PARAVAKKAL HOUSE, KOTTAKKAL P.O., KOTTAKKAL, MALAPPURAM DISTRICT , PIN - 676503 BY ADVS. K.S.PRAVEEN SMT.SREYA V. - PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.2008/2022
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ORDER
Dated this the 12th day of July, 2022
The petitioner is the accused in crime No.42/2022 of Kottakkal Police Station, which is now pending as C.P. No.16/2022 before the Judicial First Class Magistrate's Court, Malappuram. The offences alleged against the petitioner are under Sections 341, 323, 324, 294(b), 308 of the Indian Penal Code.
Crl.M.C.No.2008/2022
: 3 :
Crl.M.C.No.2008/2022
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In the result, this Crl.M.C. is allowed and Annexure- A final report submitted in crime No.42/2022 of Kottakkal Police Station and C.P. No.16/2022 on the files of the Judicial First Class Magistrate's Court, Malappuram, against the petitioner are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A. JUDGE
ncd
Crl.M.C.No.2008/2022
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APPENDIX OF CRL.MC 2008/2022
PETITIONER ANNEXURES Annexure A A CERTIFIED COPY OF THE FINAL REPORT FILED BY THE POLICE BEFORE JFCM, MALAPPURAM IN CRIME NO.42/2022 ALONG WITH THE MEMORANDUM OF EVIDENCE Annexure B AFFIDAVIT DATED 5-3-2022 SWORN TO BY THE 3RD RESPONDENT
3 issues framed by the court
Whether proceedings can be quashed under Section 482 Cr.P.C. upon settlement in a private dispute involving Section 308 IPC injuries.
Whether the quashing is appropriate given the settlement of the tenancy dispute and lack of serious injuries sustained.
Whether the dispute is purely private in nature warranting quashing of criminal proceedings under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherExplained¶20
Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] · Who else cites this
2 provisions across 2 enactments
PRAKASHAN K
STATE OF KERALA
THE STATION HOUSE OFFICER KOTTAKKAL
ISMAIL P
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
