Petitioner challenged Annexure-4 Final Report seeking quashal of criminal proceedings based on settlement. High Court held disputes personal and amicable settlement established. Proceedings quashed no further purpose served.
Crl.M.C. allowed and Annexure-4 Final Report in S.C.No.660/2021 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 DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022/30TH AGRAHAYANA, 1944
CRL.MC NO. 8308 OF 2022
AGAINST THE ORDER/JUDGMENT IN SC 660/2021 OF I ADDITIONAL DISTRICT COURT & I ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL ,PALAKKAD
PETITIONER/ACCUSED:
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BY ADV K.RAJESH SUKUMARAN
RESPONDENTS/ STATE & DEFACTO COMPLAINANT:
2 THE STATION HOUSE OFFICER KOPPAM POLICE STATION, KOPPAM POST, PATTAMBI TALUK, PALAKKAD DISTRICT, PIN - 679307 3 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX BY ADV R.SREEHARI
SRI. P.G.MANU – SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 8308 of 2022
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O R D E R
Dated this the 21 st day of December, 2022
This Crl.M.C. has been preferred to quash Annexure-4 Final Report in S.C.No.660/2021 on the file of the 1 st Additional District & Sessions Court, Palakkad on the ground of settlement between the parties.
CRL.MC NO. 8308 of 2022
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of Punjab and Others [(2014) 6 SCC 466] and in State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688] has held that the High Court by invoking S.482 of Cr.P.C can quash criminal proceedings in relation to non compoundable offence where the parties have settled the matter between themselves notwithstanding the bar under S.320 of Cr.P.C. if it is
warranted in the given facts and circumstances of the case or to ensure the ends of justice or to prevent abuse of process of any
CRL.MC NO. 8308 of 2022
Court.
For the reasons stated above, I am of the view that no purpose will be served in proceeding with the matter any further. Accordingly, the Crl.M.C. is allowed. Annexure-4 Final Report in S.C.No.660/2021 on the file of the 1 st Additional District & Sessions Court, Palakkad hereby stands quashed.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE
APA
CRL.MC NO. 8308 of 2022
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APPENDIX OF CRL.MC 8308/2022 PETITIONER'S ANNEXURES
| ANNEXURE | 1 | TRUE COPY OF THE 3RD RESPONDENT AG |
COMPLAINT SUBMITTED BY THE AINST THE PETITIONER FILED |
|---|---|---|---|
| UNDER SECTION 190( JUDICIAL FIRST PATTAMBI AS C M P |
1)(a) OF Cr.P.C. BEFORE THE CLASS MAGISTRATE COURT, NO.1127/2021 |
||
| ANNEXURE | 2 | CERTIFIED COPY OF ALONG WITH FIRST CRIME NO.85/2021 PALAKKAD DISTRICT, |
THE FIRST INFORMATION REPORT INFORMATION STATEMENT IN OF KOPPAM POLICE STATION, DATED 13/04/2021 |
| ANNEXURE | 3 | TRUE COPY OF THE HIGH COURT OF K NO.3520/2021 DATED |
ORDER PASSED BY THE HON'BLE ERALA IN BAIL APPLICATION 19/05/2021 |
| ANNEXURE | 4 | CERTIFIED COPY OF THE MEMORANDUM NO.85/2021, OF KOP DISTRICT, SUBMITT CLASS MAGISTRATE 30/06/2021 |
THE FINAL REPORT ALONG WITH OF EVIDENCE IN CRIME PAM POLICE STATION, PALAKKAD ED BEFORE JUDICIAL FIRST COURT, PATTAMBI DATED |
| ANNEXURE | 5 | TRUE COPY OF TH ALONG WITH FIRST CRIME NO.53/2021 PALAKKAD DISTRICT, |
E FIRST INFORMATION REPORT INFORMATION STATEMENT IN OF KOPPAM POLICE STATION, DATED 04/03/2021 |
| ANNEXURE | 6 | TRUE COPY OF THE CRIME NO.53/2021, PALAKKAD DISTRICT, MAGISTRATE COURT, |
FINAL REPORT SUBMITTED IN OF KOPPAM POLICE STATION, BEFORE JUDICIAL FIRST CLASS PATTAMBI DATED 10/03/2021 |
| ANNEXURE | 7 | AN AFFIDAVIT IN SIGNED BY THE COMPLAINANT DATED |
ORIGINAL DULY SWORNED AND 3RD RESPONDENT/ DEFACTO 12/11/2022 |
2 issues framed by the court
Whether criminal proceedings under Sections 307 IPC, 498-A IPC, and Section 75 Juvenile Justice Act be quashed upon settlement between parties despite non-compoundable nature.
Whether quashing is warranted in interests of justice and to prevent abuse of process of court.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabReferred¶27
Gian Singh v. State of Punjab [2012 (4) KLT 108 (SC)]
Narinder Singh and Others v. State of PunjabReferred¶27
Narinder Singh and Others v. State of Punjab and Others [(2014) 6 SCC 466] · Who else cites this
State of Madhya Pradesh v. Laxmi NarayanReferred¶27
State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688] · Who else cites this
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STATE OF KERALA
THE STATION HOUSE OFFICER KOPPAM
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KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
KAUSER EDAPPAGATH
Parties & counsel
