High Court quashed criminal proceedings against the 2nd accused in Sessions Case No.759/2020 based on Section 482 CrPC, finding the matter settled and no public interest involved.
All proceedings against the petitioner in C.C. No.759/2020 arising out of Crime No.26/2020 were 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 MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
CRL.MC NO. 1005 OF 2023
CRIME NO.26/2020 OF Mavoor Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT CC 759/2020 OF JUDICIAL MAGISTRATE
OF FIRST CLASS ,KUNNAMANGALAM
PETITIONER/2ND ACCUSED:
SUNIL KUMAR, AGED 53 YEARS
S/O. CHANDRASEKARA KURUP, ACHOOS HOUSE, KUNNUM
VAYAPURATH, NITC P.O, KOZHIKODE., PIN - 673601
BY ADV HALVI K.S.
RESPONDENTS/STATE/COMPLAINANT/DE-FACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN – 682031.2 SUB INSPECTOR OF POLICE MAVOOR POLICE STATION, KOZHIKODE., PIN – 673661.3 CHANDRASEKARAN K.P., AGED 60 YEARS S/O. GOPALAN NAIR, NANDANAM HOUSE, KOYILADAN PARAMBA, MAVOOR P.O, KOZHIKODE – 673661.4 ADDL.R4, R5 & R6 VIJAYAKUMAR, AGED 51 YEARS, S/O GOPLALAN NAIR , APPUS NIVAS, PULIYAPURAM, MAVOOR P.O, KOZHIKKODE673661.5 REMADEVI,AGED 50 YEARS, W/O CHANDRASEKARAN, NANDANAM HOUSE, POYILALAN PARAMBA, MAVOOR P.O, KOZHIKKODE-673 661.6 SREEJA, AGED 43 YEARS, W/O VIJAYAKUMAR, APPUS NIVAS, PULIYAPURAM, MAVOOR P.O, KOZHIKKODE-673661. ARE IMPLEADED AS ADDITIONAL RESPONDENTS 4, 5 AND 6 AS PER ORDER DATED 15.03.2023 IN CRL.MA.NO.1/2023THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.03.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
CRL.MC NO. 1005 OF 2023
BECHU KURIAN THOMAS, J
......…..................................
Crl.M.C.No.1005 of 2023
…..................................
Dated this the 24th day of March, 2023
ORDER
Petitioner has invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against him.
CRL.MC NO. 1005 OF 2023
3
note of the amicable resolution of disputes between the victim and the wrongdoer to put an end to the criminal proceedings. This view was reiterated in Narinder Singh and Others v. State of Punjab and Another [(2014) 6 SCC 466] and Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653].
sd/BECHU KURIAN THOMAS JUDGE
AMV/25/03/2023
CRL.MC NO. 1005 OF 2023
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APPENDIX OF CRL.MC 1005/2023
PETITIONER ANNEXURES
ANNEXURE A-1
THE CERTIFIED COPY OF THE F.I.R IN CRIME
NO.26 OF 2020 OF MAVOOR POLICE STATION
DATED 24-01-2020.
ANNEXURE A-2
THE CERTIFIED COPY OF FINAL REPORT NO.
688/20 DATED 01/10/2020 OF MAVOOR POLICE
STATION.
ANNEXURE A-3
THE AFFIDAVIT DATED 29/12/2022 SWORN BY
THE 3RD RESPONDENT.
ANNEXURE A-4THE AFFIDAVIT DATED 15/03/2023 SWORN BY
THE ADDITIONAL 4TH RESPONDENT IS PRODUCED
AND MARKED AS ANNEXURE A-4.
ANNEXURE A-5
THE AFFIDAVIT DATED 15/03/2023 SWORN BY
THE ADDITIONAL 5TH RESPONDENT IS PRODUCED
AND MARKED AS ANNEXURE A-4.
ANNEXURE A-6
THE AFFIDAVIT DATED 15/03/2023 SWORN BY
THE ADDITIONAL 6TH RESPONDENT.
TRUE COPY
2 issues framed by the court
Whether criminal proceedings against the appellant should be quashed given the settlement of the dispute.
Whether any public interest would be served by continuing the criminal proceedings.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherReferred¶32
Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] · Who else cites this
Narinder Singh and Others v. State of Punjab and AnotherReferred¶35
Narinder Singh and Others v. State of Punjab and Another [(2014) 6 SCC 466] · Who else cites this
Yogendra Yadav and Others v. State of Jharkhand and AnotherReferred¶35
Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653] · Who else cites this
2 provisions across 2 enactments
SUNIL KUMAR
STATE OF KERALA
CHANDRASEKARAN K.P.
VIJAYAKUMAR
REMADEVI
SREEJA
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
BECHU KURIAN THOMAS
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