Single judge allowed a quashing petition under Section 482 Cr.P.C. The court found the dispute settled via affidavits from defacto complainants and held continuance of proceedings would be futile, applying Gian Singh and related precedents.
All proceedings against the petitioners in C.C. No.1121/2016 arising out of Crime No.417/2011 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 23RD DAY OF FEBRUARY 2023 / 4TH PHALGUNA, 1944
CRL.MC NO. 159 OF 2023
CRIME NO.417/2011 OF Palarivattom Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT CC 1121/2016 OF JUDICIAL
MAGISTRATE OF FIRST CLASS - IX, ERNAKULAM (TEMPORARY)
PETITIONERS/ACCUSED NOS.1 TO 6:
1ANEESH, AGED 31 YEARS,
S/O.DUSHYANTHAN
ATHULYA BHAVAN,
CHAVADI VILLAGE,
NEYYATTINKARA TALUK,
VENGANOOR P.O.,
THIRUVANANTHAPURAM, PIN – 695 523.
2JOBINS, AGED 36 YEARS
SON OF JOSE,
MOOZHIKKAKALLUNKAL HOUSE,
KANIJANGAD VILLAGE,
VELLAMUNDA P.O.,
WAYANAD DIST, PIN – 670 731.
3JOBY, AGED 31 YEARS
SON OF MATHUKUTTY,
PADINJAREKARA HOUSE,
NILAMBOOR TALUK,
VALLIKKAD,
VAZHIKKADAVU VILLAGE,
MODAPOIKA P.O.,
MALAPPURAM DIST., PIN – 679 331.
4MELBIN, AGED 33 YEARS,
SON OF SWAMIDAS,
PASUPARA ESTATE,
VAGAMON VILLAGE, PEERUMEDU TALUK,
PASUPARA ESTATE P.O.,
IDUKKI DIST., PIN – 685 501.
5RATHEESH, AGED 33 YEARS,
S/O.SIVADAS,
VADAKKETT HOUSE,
MANANTHAWADI TALUK,
VELLAMUNDA P.O.,
WAYANAD DIST., PIN – 670 731.
6ABIN, AGED 32 YEARS,
SON OF JACOB,
KIZHAKKEKARA PUTHENVEETTIL HOUSE,
NILAMBOOR TALUK, VALLIKKADU,
CRL.MC 159 OF 2023
2
MANIMOOLI VILLAGE,
MODAPOIKA P.O.,
MALAPPURAM DIST., PIN – 679 331.
BY ADV M.J.SANTHOSH
RESPONDENTS NO.1 TO 4/STATE/CW1 TO 3 :
1STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN – 682 031.
2PRINCE K., AGED 31 YEARS
SON OF KUNJUMON @ KUNJUKUTTY,
PRINCE BHAVAN, CHAKKUVARACKAL P.O.,
VETTIKAVALA PANJAYATH,
KOTTARAKARA TALUK,
KOLLAM DIST, PIN – 691 531.
3ARUN SEBASTAIN,
AGED 30 YEARS,
SON OF K.M. SEBASTIAN,
KUZHEEMTHOTTIYIL HOUSE,
PALAKKAYAM KARA, KANDAMMETTIL,
PALAKKAYAM P.O.,
PALAKKAD DIST., PIN – 678 591.
4FAIZAL,
AGED 29 YEARS,
SON OF MUHAMMED, PILATHOTTIL @ PILATHODY HOUSE,
PANDARAPARAMBU KARAYIL, OTTAPALAM VILLAGE,
MANKARA TALUK, MANAKARAI P.O.,
PALAKKAD DIST., PIN - 678613
BY ADV V.A.NAVAS
SMT.SEETHA S., PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.02.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC 159 OF 2023
3
BECHU KURIAN THOMAS, J
......…..................................
Crl.M.C.No.159 of 2023
…..................................
Dated this the 23rd day of February, 2023
ORDER
Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.
the files of the Judicial First Class Magistrate Court-IX Ernakulam, arising out of Crime No.417/2011 of Palarivattom Police Station, registered for the offences under Sections 143, 147, 451, 323, 427, 294(b), 506(1) r/w Section 149 of the Indian Penal Code, 1860. Respondents 2, 3 and 4 are the defacto complainant and the injured witnesses.
CRL.MC 159 OF 2023
4
petitioners ought to be quashed. It was also submitted that, considering the nature of offences alleged, no purpose would be served by continuing the proceedings.
303], the Apex Court has held that in appropriate cases, the High 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].
CRL.MC 159 OF 2023
5
will only be an exercise in futility.
No.1121/2016 on the files of the Judicial First Class Magistrate
Court-IX Ernakulam, arising out of Crime No.417/2011 of
Palarivattom Police Station; are quashed.
This Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS JUDGE
AMV/23/02/2023
CRL.MC 159 OF 2023
6
APPENDIX OF CRL.MC 159/2023
PETITIONER ANNEXURES
Annexure-A1THE CERTIFIED COPY OF FIR & FIS DATED
28/2/2011 IN CRIME NO. 417/2011 OF
PALARIVATTOM POLICE STATION
Annexure-A2THE CERTIFIED COPY OF FINAL REPORT IN
C.C. NO.1121/2016 DATED 3/9/13 ON THE
FILE OF JFCM-IX, COURT ERNAKULAM
Annexure-A3THE AFFIDAVIT OF 2ND RESPONDENT DATED
03/01/2023
Annexure-A4THE AFFIDAVIT OF 3RD RESPONDENT DATED
03/01/2023
Annexure-A5THE AFFIDAVIT OF 4TH RESPONDENT DATED
03/01/2023
TRUE COPY
2 issues framed by the court
Whether criminal proceedings should be quashed upon settlement of the dispute between the accused and the defacto complainant.
Whether there is any public interest in continuing the trial given the settled nature of the matter.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherApplied¶29
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¶30
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¶30
Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653] · Who else cites this
1 provisions across 1 enactments
ANEESH
JOBINS
JOBY
MELBIN
RATHEESH
ABIN
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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