The High Court of Kerala quash the criminal proceedings in a case involving allegations of abduction and attempt to commit culpable homicide, based on a settlement reached between the parties.
The entire proceedings in S.C. No. 284 of 2018 before the Additional Sessions Court, Manjeri are quashed, and the petitioners are 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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
FRIDAY, THE 25TH DAY OF MARCH 2022 / 4TH CHAITHRA, 1944
CRL.MC NO. 978 OF 2021
AGAINST THE ORDER/JUDGMENT IN SC 284/2018 OF ADDITIONAL DISTRICT COURT & SESSIONS
COURT - III, MANJERI / III ADDITIONAL MACT, MANJERI
PETITIONERS/ACCUSED No. 1 & 2:
AGED 24 YEARS
S/O. ABDUL GAFOOR K., KURUVAKKUNNAN HOUSE, CHELAKKADU P.O., PULAMANTHOLE, MALAPPURAM DISTRICT-679323.
S/O. ABDUL AZEES, THONIKKADAVATHU HOUSE, CHELAKKADU, PULAMANTHOLE, MALAPPURAM DISTRICT-679323.
BY ADV P.MOHAMED SABAH
RESPONDENTS/STATE & DE FACTO COMPLAINANT:
S/O. SAINUDHEEN, PARAMTHODAN HOUSE, KIZHAKKEKKARA, PULAMANTHOLE P.O., MALAPPURAM DISTRICT, PIN-679323.
SR.PP - SMT. SREEJA V.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.03.2022, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
Crl. M. C. NO. 978 OF 2021
2
O R D E R
Petitioners are the accused in S.C. No. 284 of 2018 on the
file of the Additional Sessions Court-III, Manjeri which originated from the final report in Crime No. 764 of 2017 of Perinthalmanna police station.
323, 324, 308, 363 read with 34 of the IPC.
public road, near Pulinkavu Ayyappa temple the accused persons reached in their motorcycle KL-52-F-3238 intercepted
Crl. M. C. NO. 978 OF 2021
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them and CW1 was forcibly taken on their motorcycle to near the Perimbara colony, abducted him near the colony and was assaulted with a wooden stick on his head, as he had resisted the attack he did not suffer fatal injuries. If he had not resisted, it would have resulted in fatal injuries. Thus attempt to commit culpable homicide not amounting to murder is alleged. The matter is now pending before the Additional Sessions Court, Manjeri. Contending that the case is settled with the 3rd respondent, petitioners have moved this Court under Section 482 of the Cr. P.C for quashing the proceedings.
Crl. M. C. NO. 978 OF 2021
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The Criminal Miscellaneous Case is allowed as above.
Sd/K. HARIPAL JUDGE
RMV/25/03/2022
5
APPENDIX OF CRL.MC 978/2021
PETITIONER ANNEXURES ANNEXURE 1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.764/2017 OF PERINTHALMANNA POLICE STATION, MALAPPURAM. ANNEXURE 2 TRUE COPY OF THE FINAL REPORT SUBMITTED BY THE 2ND RESPONDENT IN CRIME NO.764/2017 OF PERINTHALMANNA POLICE STATION, MALAPPURAM. ANNEXURE 3 ORIGINAL OF THE AFFIDAVIT DATED 27.1.2021 SWORN BY THE THIRD RESPONDENT.
TRUE COPY
P.A.TO JUDGE
2 issues framed by the court
Whether quashing of criminal proceedings is maintainable in cases of abduction and attempt to commit culpable homicide where the offence has been settled.
Whether the High Court should exercise its discretion under Section 482 CrPC to quash proceedings in a private offence after settlement.
8 provisions across 2 enactments
Muhammad Harshad.K
Rashid Mansoor
State of Kerala
Station House Officer
Muhammad Shibil
K. Haripal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
