The High Court of Kerala行使了 Section 482 Cr.P.C. 管辖权，在申诉人与终致被告人达成和解且无公共利益受损的情况下，裁定终止第五名被告人在 Section 143-149 IPC 指控下的全部刑事程序。
Quashed all proceedings against the petitioner in S.C. No.703/2018 on the files of the Principal Assistant Sessions Court, Kollam.
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
WEDNESDAY, THE 22ND DAY OF MARCH 2023 / 1ST CHAITHRA, 1945
CRL.M.C NO. 1117 OF 2023
IN S.C.NO.703/2018 ON THE FILES OF THE PRINCIPAL ASSISTANT SESSIONS COURT, KOLLAM
PETITIONER/5TH ACCUSED:
JAYADEVA.S.R. @ JAYADEVAN
AGED 29 YEARS
S/O. SUDHAKARAN,
RESIDING AT LEKSHMI VILASAM VEEDU,
ATTUCHIRA VAYALIL, NITHYAPRABHA NAGAR- 127,
ULIYAKOVIL, KOLLAM EAST VILLAGE-, PIN – 691019
BY ADV K.VIJAYAN
RESPONDENT/STATE AND DEFACTO COMPLAINANT:
1THE STATE OF KERALA
REPRESENTED THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA AT ERNAKULAM, PIN – 682031
2 THE STATION HOUSE OFFICER KOLLAM EAST POLICE STATION, KOLLAM DISTRICT, PIN – 6915023SHEBEEK @ SHEFFEK
AGED 34 YEARS
S/O. SHARAFUDEEN,
RESIDING AT HASEENA MANZIL,
ATTUCHIRA THEKKATHIL VEEDU,
SREEBHADRA NAGAR- 25, ULIYAKOVIL,
KOLLAM EAST VILLAGE,
NOW RESIDING AT SASTHA NAGAR- 22, KOIKKAL,
KILIKOLLOOR .P.O., KOLLAM, PIN – 691004
BY ADV
NAMITHA RAJESH
OTHER PRESENT:
SRI.NOUSHAD K.A.
PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.03.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.1117 of 2023
3
BECHU KURIAN THOMAS, J.
==================== Crl.M.C.No.1117 of 2023
===================== Dated this the 22nd day of March, 2023
ORDER
Petitioner has invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against him.
Crl.M.C.No.1117 of 2023
4
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].
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS JUDGE
Jka/22.03.23.
Crl.M.C.No.1117 of 2023
5
APPENDIX OF CRL.M.C.NO.1117/2023
PETITIONER’S ANNEXURES
Annexure-A1TRUE COPY OF THE FIR NO. 530/2015 OF
KOLLAM EAST POLICE DATED 08.03.2015
Annexure-A2CERTIFIED COPY OF THE CHARGE SHEET S.C
NO. 417/2017 BEFORE THE PRINCIPAL ASST.
SESSIONS COURT, KOLLAM
Annexure-A3TRUE COPY OF THE JUDGMENT IN S.C. NO.
417/2017 OF PRINCIPAL ASST. SESSIONS
COURT, KOLLAM DATED 31.10.2019
Annexure-A4
TRUE COPY OF THE AFFIDAVIT FILED BY THE
3RD RESPONDENT DATED 04.02.2023
2 issues framed by the court
Whether the criminal proceedings under Sections 143, 147, 148, 294(b), 323, 324 and 308 r/w Section 149 IPC should be quashed upon settlement of the dispute.
Whether any public interest is involved in continuing the criminal proceedings against the petitioner.
Colour shows how this judgement treated each authority
Gian SinghRelied on¶28
Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] · Who else cites this
Narinder SinghRelied on¶31
Narinder Singh and Others v. State of Punjab and Another [(2014) 6 SCC 466] · Who else cites this
Yogendra YadavRelied on¶31
Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653] · Who else cites this
1 provisions across 1 enactments
Jayadeva S.R.
The State of Kerala
Shebeek
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court