The High Court quashed the impugned FIR in a criminal case involving offences under Sections 452 and 354 IPC. Relying on Supreme Court precedents, the court held that the dispute was personal in nature, settlement had been reached, and quashing was warranted to ensure ends of justice.
The Crl.M.C. allowed and the impugned FIR 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
FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
CRL.MC NO. 9117 OF 2022
(CRIME NO.566/2022 OF SHORNUR POLICE STATION, PALAKKAD DISTRICT) PETITIONER/ACCUSED:
SUDHEESH AGED 35 YEARS S/O.VASU, ORAVANPADATH HOUSE, MECHERIKUNNU, CHERUTHURUTHY POST, THALAPPILLY TALUK, THRISSUR DISTRICT, PIN - 679531
BY ADVS. R.SREEHARI HAMZA A.V.
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA , COCHIN, PIN - 682031
3 RAJASREE AGED 39 YEARS W/O. PRAMOD, AMBALATHODI HOUSE, KALLIPADAM POST, SHORNUR, OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN - 679121
BY ADV RAJESH SUKUMARAN K
SMT T V NEEMA -SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 23rd day of December, 2022
This Crl.M.C. has been preferred to quash Annexure-II FIR in Crime No.566/2022 of Shornur Police Station on the ground of settlement between the parties.
the petitioner, Sri.K.Rajesh Sukumaran the learned counsel for the respondent No.3 and Smt. T.V. Neema, the learned Senior Public Prosecutor.
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instruction, submits that the matter was enquired into through the investigating officer and a statement of the de facto complainant was also recorded wherein she reported that the matter was amicably settled.
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and Laxmi Narayan (supra).
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-II FIR in Crime No.566/2022 of Shornur Police Station, hereby stands quashed.
Sd/-
KAUSER EDAPPAGATH JUDGE
AP
Crl.M.C.No.9117 of 2022
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APPENDIX OF CRL.MC 9117/2022
PETITIONER ANNEXURES
Annexure1 TRUE COPY OF THE FIRST INFORMATION STATEMENT DATED 05/10/2022 GIVEN BY THE 3RD RESPONDENT BEFORE THE SHORUNUR POLICE STATION, PALAKKAD DISTRICT Annexure2 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 566/2022 OF SHORNUR POLICE STATION, PALAKKAD DISTRICT DATED 05/10/2022 Annexure3 AFFIDAVIT IN ORIGINAL DULY SWORNED AND SIGNED BY THE 3RD RESPONDENT/ DEFACTO COMPLAINANT DATED 06/10/2022
2 issues framed by the court
Whether criminal proceedings can be quashed under Section 482 Cr.P.C. despite the offences being non-compoundable due to settlement between parties.
Whether the dispute is personal in nature and quashing would not adversely affect public interest or harmony.
Colour shows how this judgement treated each authority
2 provisions across 1 enactments
SUDHEESH
STATE OF KERALA
RAJASREE
KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
