The High Court of Kerala quashed criminal proceedings (C.C. 475/2019) against seven accused fishermen following a settlement between the accused and the injured respondents, relying on powers under Section 482 Cr.P.C.
All further proceedings under C.C. 475/2019 arising from Crime 769/2019 are quashed; petitioners stood 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.
Crl.M.C.63/2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943
CRL.MC NO. 63 OF 2022
AGAINST THE ORDER/JUDGMENT IN CC 475/2019 OF JUDL.M.F.C.-I,ERNAKULAM PETITIONER/ACCUSED 1 TO 7:
1 KISHORE P.S. AGED 26 YEARS S/O.SUNDARAN, PULIKKAL HOUSE, PUTHUVYPU P.O., KOCHI, PIN - 682 508.
2 VINEESH P.V. AGED 29 YEARS S/O.VENU, PALIYAMPARAMBIL HOUSE, PUTHUVYPU P.O., KOCHI,
PIN - 682 508.
3 SOUMITHRAN A.T. AGED 34 YEARS S/O.THAMPI, ANJUTHAIKKAL HOUSE, PUTHUVYPU P.O., KOCHI, PIN - 682 508.
4 THILAKAN AGED 77 YEARS,S/O.PAPPU, ALLAPARAMBIL HOUSE, PUTHUVYPU P.O., KOCHI, PIN - 682 508.
5 CHINNAPPAN M.K. AGED 58 YEARS,S/O.KUMARAN, MANGAD HOUSE, ARATTUVAZHI, NJARAKKAL P.O., PIN - 682 505.
BY ADV. DENIZEN KOMATH
Crl.M.C.63/2022
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RESPONDENT/STATE & COMPLAINANT:
AGED 22 YEARS,W/O.MAHADEVA, HOUSE NO.254,BBC COLONY, NELLORPALA P.O., MYSORE, KARNATAKA - 571 105.
BY ADV REKHA.V.-R3 TO R7
OTHER PRESENT:
SR.PP - SRI. HRITHWIK C.S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.63/2022
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O R D E R
Petitioners are the accused in C.C. 475/2019 on the file of the Judicial First Class Magistrate's Court-I, Ernakulam, which arose from the final report in crime 769 of 2019 of Mulavukad police station registered on 12.06.2019 alleging offence under Sections 143, 147, 148, 341, 323, 324, 427 read with 149 of the IPC. It is alleged that on 12.06.2019 while the defacto complainant and others who are respondents 3 to 7, who belong to Karnataka were engaged in fishing in the inland waters, accused persons, who are also fishermen, out of the fact that the party respondents and their men shall not conduct fishing in the locality and to drive them back to their native place, in prosecution of their common object, assaulted and injured them with oars, caused them injuries and the crime was registered. On conclusion of investigation, the charge sheet has been laid. Now the petitioners have approached this Court under Section 482 of the Cr.P.C. seeking to quash the proceedings initiated against them stating that the case stands settled with the parties.
Crl.M.C.63/2022
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learned Senior Public Prosecutor.
further statements of the injured have been recorded, the dispute stands settled and they do not want to pursue the proceedings initiated against the petitioners.
The Crl.M.C. is allowed as above.
Sd/-
K.HARIPAL JUDGE
okb/15.2.22
//True copy// P.S. to Judge
Crl.M.C.63/2022
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APPENDIX OF CRL.MC 63/2022
PETITIONER ANNEXURES
Annexure A1 TRUE CERTIFIED COPY OF THE FIR IN CRIME NO.769/19 OF MULAVUKAD POLICE STATION. Annexure A1A TRUE CERTIFIED COPY OF THE FIS IN CRIME NO.769/19 OF MULAVUKAD POLICE STATION. Annexure A2 TRUE CERTIFIED COPY OF THE CHARGE SHEET INCLUDING STATEMENT OF WITNESSES IN CRIME NO.769/19 OF MULAVUKAD POLICE STATION. Annexure A3 ORIGINAL AFFIDAVIT OF 3RD RESPONDENT. Annexure A4 ORIGINAL AFFIDAVIT OF 4TH RESPONDENT. Annexure A5 ORIGINAL AFFIDAVIT OF 5TH RESPONDENT. Annexure A6 ORIGINAL AFFIDAVIT OF 6TH RESPONDENT. Annexure A7 ORIGINAL AFFIDAVIT OF 7TH RESPONDENT.
1 issue framed by the court
Whether criminal proceedings initiated under offences related to affray and assault can be quashed when the dispute is settled between parties.
2 provisions across 2 enactments
1 Kishore P.S. and others
State of Kerala
Mahadeva
Bhoomika
K. Haripal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
