Single criminal miscellaneous case where the High Court of Kerala quashed pending criminal proceedings under Section 392 IPC upon confirmation of settlement between parties and lack of public interest.
Proceedings in CC No.186/2021 pending before Judicial First Class Magistrate Court, Alathur are quashed and petitioner stands exonerated.
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
MONDAY, THE 7TH DAY OF FEBRUARY 2022 / 18TH MAGHA, 1943
CRL.MC NO. 567 OF 2022
CRIME NO.49/2021 OF NENMARA POLICE STATION, PALAKKAD.
PETITIONER:
JITHINRAJ AGED 33 YEARS SON OF RAJENDRAN, CHETTIYARVEEDU, ERINGAL VILLAGE, VADAKARA, KOZHIKKODE. KOZHIKODE, PIN - 673101 BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 MOHANRAJ AGED 60 YEARS SON OF LATE SETHUMADHAVAN, ISWARIA, P.K.VILLAGE, AYILUR, PALKKAD. PALAKKAD, PIN - 678510 BY ADV UNNI SEBASTIAN KAPPEN SR.PP - SRI. VIPIN NARAYANAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.567 of 2022
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ORDER
The sole accused in C.C.No.186/2021 on the file of the Judicial First Class Magistrate's Court, Alathur has moved this Court under Section 482 of the Cr.P.C on the ground of settlement reached with the defacto complainant. He faces allegation under Section 392 of the IPC. The allegation is that on 04.02.2021 at 14:45 hours, the petitioner had gone to the Thrissur Fashion Jewellery in Nenmara town owned by the 2nd respondent and on the pretext of buying gold chain, a chain weighing 24.700 gms, was procured from the 2nd respondent, wore it and then abruptly left the shop robbing the said gold chain and thus committed offence under Section 392 of the IPC.
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proceedings.
petitioner does not have criminal antecedents to his credit and it is an isolated incident.
the occurrence. He has spoken in clear terms that he does not want to pursue the proceedings and has no objection in quashing the proceedings. No public interest is involved in the case and therefore, entire proceedings in C.C.No.186/2021 pending before the Judicial First Class Magistrate Court, Alathur are quashed and
the petitioner shall stand exonerated.
Crl.M.C is allowed as above.
Sd/- K.HARIPAL JUDGE
Jms/07.02
//True Copy// P.A to Judge
Crl.M.C.No.567 of 2022
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APPENDIX OF CRL.MC 567/2022
PETITIONER ANNEXURES
Annexure1 CERTIFIED COPY OF THE FINAL REPORT N C.C.NO.186 OF 2021 OF THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE-I, ALATHUR Annexure2 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT EVIDENCING THE FACTUM OF SETTLEMENT
2 issues framed by the court
Whether special leave under Section 482 Cr.P.C is granted to quash criminal proceedings where a settlement has been reached.
Whether the dispute is of a civil or private nature involving no public interest.
2 provisions across 2 enactments
Jithinraj
State of Kerala
Mohanraj
K.Haripal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
