The High Court dismissed a petition seeking quashing of criminal proceedings arising from an assault causing grievous injuries. The Court held that serious cases with injuries on vital parts cannot be quashed based on settlement, citing Gian Singh.
The petition quaashing the proceedings under C.C. No. 198/2021 was dismissed as non-meritorious.
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
THURSDAY, THE 3RD DAY OF FEBRUARY 2022 / 14TH MAGHA, 1943
CRL.MC NO. 299 OF 2022
AGAINST THE ORDER/JUDGMENT IN CC 198/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,
PALA
PETITIONERS/ACCUSED 1 TO 4:
RESPONDENTS/STATE/DE FACTO COMPLAINANT & DW2:
SR.PP - SRI. HRITHWIK C.S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.02.2022, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 299 OF 2022
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ORDER
Petitioners are the accused in C.C. No. 198 of 2021 pending before the Judicial First Class Magistrate's Court-I, Pala which arose from the final report in Crime No. 37 of 2021 of Pala police station. That crime was registered on 05.01.2021 alleging offence punishable under Sections 323, 324, 294(b) of the IPC.
CRL.MC NO. 299 OF 2022
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under Section 308 of the IPC which is triable exclusively by a court of Sessions is alleged, how the Magistrate could take it on file as a calender case. Necessarily the case should have been taken as a committal proceedings and the case should have committed to the Sessions Court.
CRL.MC NO. 299 OF 2022
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pointed attention to the wound certificates of respondents 2 and 3. The 2nd respondent was taken to the hospital with deep lacerated
wound on the upper back 3cm x 1cm and was referred to the Medical College Hospital from the General hospital, Pala. Similarly, the 3rd respondent had suffered the following injuries.
i) deep lacerated wound back of upper part of neck 4cm x 1cm;
ii) deep lacerated wound back of right side of chest 3cm x 1cm;
iii) lacerated wound on the upper part of back 1cm x 0.8cm.
He was also referred to the Medical College Hospital. The injuries
sustained by respondents 2 and 3 are grievous and also on vital parts of the body.
State of Punjab and others [2012 (4) KLT 108 (SC)] I am convinced that this is not a fit case for quashing the proceedings
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on the ground of settlement. Granting permission to settle such
cases involving serious injuries would send wrong message to the public. Moreover, in such cases, Court cannot take a view that, no public interest is involved. Necessarily the parties will have to face trial. Even though the learned counsel for the petitioners pressed for quashing the proceedings on the the ground that the petitioners were students at the time of the incident, that is not a mitigating circumstance.
The Criminal Miscellaneous Case lacks merits and is to be
dismissed. Dismissed.
Sd/-
K. HARIPAL
JUDGE
RMV/03/02/2022
6
APPENDIX OF CRL.MC 299/2022
| PETITIONER ANNEXURES | |
|---|---|
| Annexure A | THE CERTIFIED COPY OF THE FIR IN CRIME NO. 37 OF 2021 REGISTERED BY SUB INSPECTOR OF POLICE, PALA POLICE STATION. |
| Annexure B | THE CERTIFIED COPY OF THE F.I STATEMENT DATED 05.01.2021 OF THE DEFACTO COMPLAINANT. |
| Annexure C | THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 37/2021 IN C.C. NO. 198/2021 PENDING BEFORE THE JFCM-1 PALA. |
| Annexure D | THE TRUE COPY OF THE 161 STATEMENT OF ANANDHAKRISHNAN. |
| Annexure E | THE TRUE COPY OF THE 162 STATEMENT OF AJAY JAYAN. |
| Annexure F | THE TRUE COPY OF THE 161 STATEMENT OF SRI DAVIS P.O., |
| Annexure G | A TRUE COPY OF THE MEDICAL CERTIFICATE DTD. 05.01.2021 IN RESPECT OF 2ND RESPONDENT VIZ, RATHEESH ISSUED BY THE GENERAL HOSPITAL, PALA. |
| Annexure H | A TRUE COPY OF THE MEDICAL CERTIFICATE DTD. 05.01.2021 IN RESPECT OF 3RD RESPONDENT VIZ, ANANDHAKRISHNAN ISSUED BY THE GENERAL HOSPITAL, PALA. |
| Annexure I | THE AFFIDAVIT DTD. 20.12.021 SWORN BY THE DEFACTO COMPLAINT RATHEESH RADHAKRISHNAN SHOWING THE SETTLEMENT. |
| Annexure J | THE AFFIDAVIT DTD. 20.12.021 SWORN BY THE3RD RESPONDENT ANANTHAKRISHNAN SHOWING THE SETTLEMENT. |
TRUE COPY
P.A.TO JUDGE
2 issues framed by the court
Whether criminal proceedings for assaults causing grievous injuries on vital parts of the body can be quashed on grounds of settlement.
Whether the correction of procedural defect regarding trial court cognizance of non-bailable offence on file is ground for quashing.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabApplied¶39
Gian Singh v. State of Punjab [2012 (4) KLT 108 (SC)]
2 provisions across 2 enactments
AKHIL SATHYAN
VISHNU RADHAKRISHNAN
VINEETH VIJAYAN
SHYAM KUMAR S.
THE STATE OF KERALA
RATHEESH RADHAKRISHNAN
K. HARIPAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
