High Court of Kerala allowed a petition under Section 482 Cr.P.C. to quash criminal proceedings initiated under Sections 294(b) and 324 IPC, finding that the dispute was amicably settled and no public interest was involved.
All proceedings against the petitioner in C.C. No. 1148/2022 before the Judicial Magistrate of First Class-I, Kollam 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
THURSDAY, THE 16TH DAY OF MARCH 2023 / 25TH PHALGUNA, 1944
CRL.MC NO. 1217 OF 2023
CRIME NO.1229/2022 OF Kundara Police Station, Kollam
AGAINST THE ORDER/JUDGMENT CC 1148/2022 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -I, KOLLAM
PETITIONER/ACCUSED:
ARAVIND
AGED 25 YEARS
S/O ANIL KUMAR, RATHNA BHAVANAM, KUZHIYAM,
CHANDANATHOPE P.O., PERINADU VILLAGE, KUNDARA, KOLLAM
DISTRICT, PIN – 691014.
BY ADVS.
K.V.ANIL KUMAR
SWAPNA VIJAYAN
RADHIKA S.ANIL
RESPONDENTS/STATE & COMPLAINANT:
1STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2ABHIJITH R. S.
AGED 21 YEARS
S/O RAVI GOPAL, TEENA BHAVAN, CHATHINAMKULAM,
CHANDANATHOPPE P.O., MANGADU VILLAGE, NOW RESIDING IN A
RENTAL HOUSE:- AJAYAMANDIRAM, NEAR KUZHIYAM L P SCHOOL,
CHANDANATHOPPE P.O., KOLLAM DISTRICT, PIN: 691014.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.03.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
CRL.MC NO. 1217 OF 2023
BECHU KURIAN THOMAS, J.
…………………...………………………
Crl.MC.No. 1217 of 2023
………………………………..……………………… Dated this the 16th day of March, 2023
ORDER
Petitioner has invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.
SCC 303], the Apex Court has held that in appropriate cases, the High
CRL.MC NO. 1217 OF 2023
3
Court can take 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].
This Crl.M.C is allowed as above.
Sd/BECHU KURIAN THOMAS JUDGE
Rvm
4
CRL.MC NO. 1217 OF 2023
APPENDIX OF CRL.MC 1217/2023
PETITIONER ANNEXURES
Annexure-AA TRUE COPY OF THE FIR IN CRIME NO. 1229
/ 2022 OF KUNDARA POLICE STATION
Annexure-BCERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 1229 / 2022 OF KUNDARA POLICE
STATION
Annexure-C
AFFIDAVIT OF THE 2ND RESPONDENT.
2 issues framed by the court
Whether criminal proceedings under Sections 294(b) and 324 IPC should be quashed due to settlement between parties.
Whether continuance of criminal proceedings serves any purpose when the offence has been settled amicably.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherRelied on¶24
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 AnotherRelied on¶28
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 AnotherRelied on¶28
Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653] · Who else cites this
1 provisions across 1 enactments
ARAVIND
STATE OF KERALA
ABHIJITH R. S.
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
BECHU KURIAN THOMAS
Parties & counsel