High Court of Kerala quashed criminal proceedings under Sessions 379 and 34 IPC against accused for theft of CCTV cameras, relying on settled dispute principles under Gian Singh to invoke inherent powers under Section 482 Cr.P.C.
Order allowed; all further proceedings in C.C.No.398 of 2018 against petitioners 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.
Crl.M.C.No.795/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
MONDAY, THE 27TH DAY OF JUNE 2022 / 6TH ASHADHA, 1944
CRL.MC NO. 795 OF 2022
CRIME NO.1974/2017 OF Kodumon Police Station, Pathanamthitta PETITIONERS/ACCUSED NO.1 AND 2:
1 AROMAL S., AGED 21 YEARS, S/O.BINUKUMAR,NARAYANIYAM VEEDU, NEAR PANCHAYATH OFFICE, VALLICODE VILLAGE, VALLICODE MURI, PATHANAMTHITTA DISTRICT, PIN – 689 648.
2 JEFFIN SAM JAMES, AGED 21 YEARS, S/O.JAMES, S.J. QUARTERS, THUNDILPADI,ANGADICKAL VILLAGE ANGADICKAL NORTH MURI , PATHANAMTHITTA, PIN – 691 555.
BY ADVS. MANU RAMACHANDRAN M.KIRANLAL R.RAJESH (VARKALA) T.S.SARATH SAMEER M NAIR GEETHU KRISHNAN HARSHA SUSAN SAM
RESPONDENTS/STATE, I.O & DE FACTO COMPLAINANT:
Crl.M.C.No.795/22
3 JOY P. SAMUEL, AGED 59 YEARS, S/O.P.K. SAMUEL, THARAYIL PUTHEN VEEDU, ANGADICKAL NORTH P.O., ANGADICKAL VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN – 689 648
BY ADVS. SMT.SEENA C.,GOVERNMENT PLEADER ANSU VARGHESE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.795/22
O R D E R
Petitioners are the accused Nos.1 and 2 in Crime No.1974 of 2017 of Koduman Police Station, which is now pending as C.C.No.398 of 2018 pending on the files of the Judicial First Class Magistrate Court, Adoor. The offences alleged against the petitioners are under Sections 379 read with 34 of IPC.
Crl.M.C.No.795/22
objection to quash the proceedings against the petitioners herein. The learned counsel appearing for the 3rd respondent/de facto complainant also confirms the same. The learned Public Prosecutor, upon instructions, submitted that the Station House Officer concerned has verified the veracity of the same and found it to be genuine.
In the result, this Crl.M.C. is allowed, and Annexure-A1 final report submitted in Crime No.1974 of 2017 of Kodumon Police Station and all further proceedings in C.C.No.398 of 2018 on the file of the Judicial First Class Magistrate Court, Adoor, against the petitioners are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/27.6.22
Crl.M.C.No.795/22
APPENDIX OF CRL.MC 795/2022
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1974/2017 OF POLICE STATION OF KODUMON, PATHANAMTHITTA DISTRICT WHICH IS NOW PENDING AS C.C NO.398/2018 ON THE FILES OF JFMC, ADOOR. Annexure A2 THE ORIGINAL OF THE AFFIDAVIT DATED 15.01.2022 SWORN BY THE 3RD RESPONDENT/DEFACTO COMPLAINANT.
1 issue framed by the court
Whether criminal proceedings for theft can be quashed under Section 482 Cr.P.C. in view of a settlement between parties.
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
2 provisions across 2 enactments
AROMAL S.
JEFFIN SAM JAMES
STATE OF KERALA
JOY P. SAMUEL
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
ZIYAD RAHMAN A.A.
Parties & counsel
