High Court quashed criminal proceedings against the first accused upon settlement of the dispute with the complainant. The court held that no public interest was involved and continuing prosecution would be futile.
All proceedings against the petitioner in S.C. No.221/2020 are 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 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
CRL.MC NO. 1529 OF 2023
AGAINST THE ORDER/JUDGMENTSC 221/2020 OF DISTRICT COURT & SESSIONS COURT,THRISSUR
PETITIONER/ACCUSED NO.1:
LINTO @ KHADHER
AGED 33 YEARS
S/O JOSE, KANNUKADAN HOUSE, CHERUKUNNU PARAMADA DESOM,
PUTHUR VILLAGE, THRISSUR, PIN - 673572
BY ADV M.H.HANIS
RESPONDENTS/DEFACTO COMPLAINANT & STATE:
1 PRATHEESHS/O MANI,AGED 45 YEARS, KOLLARA HOUSE, PUTHUR DESOM,
PUTHUR VILLAGE, THRISSUR, PIN - 680014
2 STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
BY ADV P.A.MUJEEB
OTHER PRESENT:
PP SMT.SEETHA S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 1529 OF 2023
2
BECHU KURIAN THOMAS, J.
Crl.M.C. No.1529 of 2023
Dated this the 30th day of March, 2023
ORDER
Petitioner has invoked the jurisdiction under Section 482 of Cr.P.C to quash all proceedings against him.
3
CRL.MC NO. 1529 OF 2023
considering the settlement arrived at between the parties in the present crime, I am of the view that no purpose would be achieved by continuing the prosecution.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS JUDGE
AJM
CRL.MC NO. 1529 OF 2023
4
APPENDIX OF CRL.MC 1529/2023
PETITIONER ANNEXURES
Annexure ACERTIFIED COPY OF THE FINAL REPORT IN
S.C.NO.221/2020 ON THE FILE OF ASSISTANT
SESSIONS COURT, THRISSUR ARISING FROM
CRIME NO. 765/2019 OF OLLUR POLICE
STATION, THRISSUR DISTRICT OF OLLUR
POLICE STATION
Annexure BAFFIDAVIT OF THE DE FACTO COMPLAINANT
STATING THAT HE IS NOT INTENDING TO
PROCEED AGAINST THE PETITIONER
//TRUE COPY//
2 issues framed by the court
Whether criminal proceedings can be quashed under Section 482 CrPC upon settlement between parties.
Whether continuing the prosecution serves any purpose given the amicable resolution of the dispute.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherApplied¶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¶32
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¶32
Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653] · Who else cites this
2 provisions across 2 enactments
Linto @ Khadher
Pratheesh
State of Kerala
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