The High Court of Kerala, in Crl.M.C. No. 8682 of 2017, allowed the petition to quash an FIR. The court held that since the dispute was personal and amicably settled, quashing proceedings pursuant to Section 482 Cr.P.C. served the ends of justice.
Crl.M.C. allowed; Annexure B Final Report in C.C.No.1297/2014 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
TUESDAY, THE 18TH DAY OF OCTOBER 2022 / 26TH ASWINA, 1944
CRL.MC NO. 8682 OF 2017
CRIME NO.241/2014 OF Mannuthy Police Station, Thrissur CC 1297/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS
-III,THRISSUR
PETITIONERS/ACCUSED:
BY ADV SRI.M.PREMCHAND
RESPONDENTS/COMPLAINANT & STATE:
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.10.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.8682/2017
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O R D E R
Dated this the 18th day of October, 2022
This Crl.M.C. has been preferred to quash Annexure B Final Report in C.C.No.1297/2014 on the file of the Judicial First Class Magistrate Court-III, Thrissur on the ground of settlement between the parties.
Crl.M.C.No.8682/2017
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complainant was also recorded wherein she reported that the matter was amicably settled.
Apex Court in Gian Singh (supra), Narinder Singh (supra) and Laxmi Narayan (supra).
Crl.M.C.No.8682/2017
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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 B Final Report in C.C.No.1297/2014 on the file of the Judicial First Class Magistrate
Court-III, Thrissur hereby stands quashed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
Crl.M.C.No.8682/2017
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APPENDIX OF CRL.MC 8682/2017
PETITIONER ANNEXURES
ANNEXURE A. TRUE COPY OF THE FIR IN CRIME NO.241/2014 OF MANNUTHY POLICE STATION.
ANNEXURE B. TRUE COPY OF THE FINAL REPORT SUBMITTED BY MANNUTHY, POLICE BEFORE THE JFCM COURT NO.III, THRISSUR.
ANNEXURE C. TRUE COPY OF THE ORDER DATED 29.09.2016 IN OP NO.457/2017 OF THE FAMILY COURT, THRISSUR. ANNEXURE D. TRUE COPY OF THE ORDER DATED 11.03.2016 IN OP NO.7/2015 OF THE FAMILY COURT, THRISSUR.
3 issues framed by the court
Whether the criminal proceedings under IPC Sections 406, 420, 498A, and 323 can be quashed due to settlement between parties.
Whether invoking powers under Section 482 Cr.P.C. is warranted to ensure ends of justice in this personal dispute.
Whether the dispute falls within categories of offences prohibited for compounding as per Supreme Court pronouncements.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabReferred¶29
Gian Singh v. State of Punjab [2012 (4) KLT 108 (SC)]
Narinder Singh and Others v. State of Punjab and OthersReferred¶29
Narinder Singh and Others v. State of Punjab and Others [(2014) 6 SCC 466] · Who else cites this
State of Madhya Pradesh v. Laxmi Narayan and OthersReferred¶29
State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688] · Who else cites this
MAHESH
KUMARI
MANI
STATE OF KERALA
RATHI
KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
KAUSER EDAPPAGATH
Parties & counsel
