High Court of Kerala allowed a Criminal Misc. petition to quash FIR and all further proceedings for a private dispute settlement under Section 482 Cr.P.C., applying Gian Singh principles.
Allowed quashing of Crl.M.C.No.265/2022, annexe A1 FIR, and all further proceedings including C.C.No.2935/2021.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 2ND DAY OF SEPTEMBER 2022 / 11TH BHADRA, 1944
CRL.MC NO. 265 OF 2022
PETITIONER/S:
1 KRISHNAN M NAIR AGED 21 YEARS S/O. MANIKUTTAN NAIR, ALUVILA HOUSE, CHERUMANGAD, PUTHOOR, KOLLAM-691507.
2 HASHIM K.S., AGED 21 YEARS S/O. KHALID, THUNDIL KIZHAKKETHIL, ADIKATTUKULANGARA, NOORANAD, ALAPPUZHA -690504. BY ADV C.Y.VINOD KUMAR
RESPONDENT/S:
3 MUHAMMED SHAFI AGED 19 YEARS S/O. SHAJAHAN M., SHEFEEK MANZIL, KUZHAVAKKAD, PATHANAPURAM P.O., KOLLAM-689695. BY ADV S.SHAJAHAN (ADOOR)
ADV. SEENA C -PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.09.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.265/2022
: 2 :
ORDER
Dated this the 2nd day of September, 2022
The petitioners are accused Nos.1 and 2 in crime No.2031/2021 of Adoor Police Station, which was registered for the offence punishable under Sections 341, 294(b), 323 read with Section 34 of the Indian Penal Code.
Crl.M.C.No.265/2022
: 3 :
Prosecutor for the State and Sri. S. Shajahan (Adoor), the learned counsel appearing for the 3rd respondent.
Crl.M.C.No.265/2022
: 4 :
allowing the prosecution to continue.
In the result, this Crl.M.C. is allowed and Annexure-A1 F.I.R. in crime No.2031/2021 of Adoor Police Station and all further proceedings including the proceedings in C.C. No. 2935/2021 on the files of the Judicial First Class Magistrate's Court, Adoor, against the petitioners are hereby quashed.
Sd/ZIYAD RAHMAN A.A. JUDGE
ncd
Crl.M.C.No.265/2022
: 5 :
APPENDIX OF CRL.MC 265/2022
PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO.2031/2021 OF ADOOR POLICE STATION ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT- ADOOR. Annexure A2 AFFIDAVIT SWORN BY THE 3RD RESPONDENT/DEFACTO COMPLAINANT.
2 issues framed by the court
Whether proceedings under Section 341, 294(b), 323 read with Section 34 of the Indian Penal Code should be quashed due to settlement.
Whether invocation of powers under Section 482 Cr.P.C. is appropriate for quashing private dispute proceedings after settlement.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherApplied¶26
Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] · Who else cites this
1 provisions across 1 enactments
KRISHNAN M NAIR
HASHIM K.S.
STATE OF KERALA
SUB INSPECTOR OF POLICE, ADOOR
MUHAMMED SHAFI
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
