The High Court of Kerala quashed criminal proceedings against petitioners for assault and mischief. Finding the dispute private and settled, the Court held that continuing proceedings was futile and invoked powers under Section 482 Cr.P.C. to quash the case.
Further proceedings in C.C.No.520/2019 and Crime No.116/2019 as against the petitioners are hereby 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.
TUESDAY, THE 26TH DAY OF JULY 2022 / 4TH SRAVANA, 1944
CRL.MC NO. 2081 OF 2022
AGAINST THE ORDER/JUDGMENTCC 520/2019 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -II,PERINTHALMANNA
PETITIONER/S:
1 SAFVAN T AGED 27 YEARS THURAKKAL HOUSE, AYANIKKODE, PORUR, MALAPPURAM, MALAPPURAM, PIN - 679339 2 RAHMATHULLAH M AGED 26 YEARS MOONNALINGAL HOUSE, PUNNAPPALA P.O, MALAPPURAM, PIN - 679328 BY ADVS. AMEER.K.M. M.J.JESNA
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA., PIN - 682031 2 KOUSHIK AGED 32 YEARS 301 C BLOCK, RAHIJA VISTHAS, NAJARAM VILLAGE, TELENGANA., PIN - 533247 BY ADVS. PUBLIC PROSECUTOR M.G.VIJAYAN
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OTHER PRESENT:
ADV.C.S HRITHIK,SRPP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ZIYAD RAHMAN A.A., J
….................................... Crl.M.C.No. 2081 of 2022
…....................................................... Dated this the 26th day of July, 2022
ORDER
The petitioners are the accused in Crime No.116/2019 of Wandoor Police Station, which is now pending as C.C.No.520/19 before the Judicial First Class Magistrate Court-II, Perinthalmanna. The offences alleged against the petitioners are punishable under Sections 447 and 341 r/w Section 34 of the Indian Penal Code and also under Section 4 of Kerala Health Care Service Institutions (Prevention of Violence and Damage to Property) Act, 2012.
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Accordingly, this Crl.M.C. is allowed. Annexure A1 Final Report in Crime No.116/2019 of Wandoor Police Station and all further proceedings in C.C.No.520/2019 pending before the Judicial First Class Magistrate Court II, Perinthalmanna as against the petitioners are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A., JUDGE
Dxy
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APPENDIX OF CRL.MC 2081/2022
PETITIONER ANNEXURES
Annexure1 THE CERTIFIED COPY OF THE FINAL REPORT SUBMITTED IN CRIME NO. 116/2019 DATED 19.09.2019 OF WANDOOR POLICE STATION Annexure2 THE CERTIFIED COPY OF THE F.I.R. FILED BY THE SUB INSPECTOR OF POLICE, WANDOOR POLICE STATION DATED 24.06.2019 Annexure3 THE TRUE COPY OF AFFIDAVIT DATED 05.02.2022 SWORN IN BY THE 2ND RESPONDENT
1 issue framed by the court
Whether the criminal proceedings against the petitioners can be quashed under Section 482 Cr.P.C. in light of the private nature of the dispute and the settlement arrived at between the parties.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherApplied¶5
Gian Singh v. State of Punjab and Another [2012(4) KLT 108]
4 provisions across 2 enactments
SAFVAN T
RAHMATHULLAH M
STATE OF KERALA
KOUSHIK
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
