In this criminal miscellaneous case, the Kerala High Court quashed the proceedings under Sections 143, 147, 341, 323, and 149 of the IPC. The court observed the dispute was private in nature and settlements were verified by the Station House Officer.
The Criminal Misc. Case was allowed and the FIR submitted in Crime No.303/2022 is 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.
FRIDAY, THE 23RD DAY OF SEPTEMBER 2022 / 1ST ASWINA, 1944
CRL.MC NO. 4574 OF 2022
CRIME NO.303/2022 OF AMBALATHARA POLICE STATION
PETITIONER/S:
1 RAJESH AGED 30 YEARS S/O RAGHAVAN, MEKKODOM HOUSE, KODOTH, KASARAGOD DIST., KERALA, PIN - 671531
2 SUJITH V. G AGED 33 YEARS, S/O GANESH BABU, VALLIKKUNNEL HOUSE, PERADUKKAMKOTTODI, KALLAAR, KASARAGOD DIST., KERALA, PIN - 671531
3 SURESH KUMAR M. S AGED 41 YEARS S/O SOMAN, MULAKKEKUNNEL HOUSE, ATTENGAANAM, BELOOR, KASARAGOD DIST., KERALA, PIN - 671531
4 MANEESH PHILIP AGED 36 YEARS S/O PHILIP, KOTTAKKOTTAYIL HOUSE, KOLICHAL, PANATHADI, KASARAGOD DIST., KERALA, PIN - 671531
5 KUNHIRAMAN. A AGED 38 YEARS S/O MUNDHAN, AALADUKKAM, KODOM, KASARAGOD DIST., KERALA, PIN - 671531
6 SUNIL V. V AGED 48 YEARS S/O NARAYANAN, NEELANJANAM HOUSE, KODOTH, KASARAGOD DIST., KERALA, PIN - 671531
7 VISHNU BALAN AGED 22 YEARS S/O BALAN, PUNJAKARA HOUSE, KALLAAR, KASARAGOD DIST., KERALA, PIN - 671531
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8 UNNIKRISHNAN. G AGED 23 YEARS S/O GOPALAN, PUNJAKARA HOUSE, KALLAR, KASARAGOD DIST., KERALA, PIN - 671531 BY ADVS. RAHUL SASI VIVEK.P.K MANU K. MURALI NEETHU PREM
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 PRADEEP. C AGED 38 YEARS S/O NARAYANAN. C, PERUVODAL, ATTENGANAM P. O, BELUR VILLAGE, VELLARIKUNDU TALUK, KASARGOD DIST., KERALA,, PIN - 671531 Adv. Sri.Midu dev Prem
ADV C S HRITHWIK - SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.09.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 23rd day of September, 2022
The petitioners are accused Nos.2, 1, 3 to 8 respectively in crime No.303/2022 of Ambalathara Police Station. The aforesaid crime is registered for the offences punishable under Sections 143, 147, 341, 323 read with Section 149 of the Indian Penal Code.
Crl.M.C.No.4574/2022
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Crl.M.C.No.4574/2022
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In the result, this Crl.M.C. is allowed and Annexure-A1 F.I.R. submitted in crime No.303/2022 of Ambalathara Police Station,
against the petitioners are hereby quashed.
Sd/ZIYAD RAHMAN A.A. JUDGE
ncd
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APPENDIX OF CRL.MC 4574/2022
PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO. 303 OF 2022 OF AMBALATHARA POLICE STATION Annexure A2 THE ORIGINAL OF THE AFFIDAVIT SUBMITTED BY THE 2ND RESPONDENT DATED 10.06.2022
1 issue framed by the court
Whether criminal proceedings for offences punishable under Sections 143, 147, 341, 323 read with Section 149 of the Indian Penal Code can be quashed under Section 482 Cr.P.C. on account of settlement
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherReferred¶32
Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] · Who else cites this
2 provisions across 2 enactments
RAJESH
SUJITH V. G
SURESH KUMAR M. S
MANEESH PHILIP
KUNHIRAMAN. A
SUNIL V. V
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
