High Court of Kerala quashed criminal proceedings against five petitioners accused of offences under the IPC arising from a parking dispute, relying on a settlement reached between parties under Section 482 of Cr.P.C.
Criminal Misc. Case and all further proceedings in the underlying criminal case stood quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
CRL.MC NO. 4744 OF 2022
C.C.NO.616/2022 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALATHUR
CRIME NO.141/2022 OF NENMARA POLICE STATION, PALAKKAD
PETITIONERS/ACCUSED NOS. 1 TO 5:
1RAJESHKUMAR @ GIRI
AGED 35 YEARS, S/O.RAMAKRISHNAN,
KUNNATHARA HOUSE, AYINAMPADAM, NEMMARA,
PALAKKAD, PIN – 678 508.
2RAMESH
AGED 35 YEARS, S/O.CHANDRAN,
THOTTAKULAM HOUSE, MUTHALAPPARA,
PALAKKAD, PIN – 678 508.
3ABHILASH
AGED 27 YEARS, S/O.MANI,
THEKKUMCHERRY HOUSE, MUDAPPALLUR,
PALAKKAD, PIN – 678 705.
4ANILKUMAR
AGED 35 YEARS, S/O.NARAYANANKUTTY,
THEKKUMURI HOUSE, AYINAMPADAM, NEMMARA,
PALAKKAD, PIN – 678 508.
5RAJESH
AGED 32 YEARS, S/O.RADHAKRISHNAN,
PADATH HOUSE, AYINAMPADAM, NEMMARA,
PALAKKAD, PIN – 678 508.
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENTS/STATE AND DEFACTO COMPLAINANT, CW2:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031.Crl.M.C. NO.4744 OF 2022 2
2SABHARIGIRISEN
AGED 40 YEARS, S/O.SUBBAYYAN,
NEAR WATER HOUSE, VALLANGHY BYPASS, NEMMARA, PALAKKAD,
PIN – 678 508.
3LAKSHMI
AGED 37 YEARS, W/O. SABHARIGIRISEN,
NEAR WATER HOUSE, VALLANGHY BYPASS, NEMMARA, PALAKKAD,
PIN – 678 508.
BY ADVS
UNNI SEBASTIAN KAPPEN (FOR R2 & R3)
G SUDHEER (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. NO.4744 OF 2022 3
ORDER
Petitioners are accused Nos. 1 to 5 in Crime
No.141/2022 of Nemmara Police Station, Palakkad District, which is now pending as C.C.No.616/2022 on the file of the Judicial First Class Magistrate Court-I, Alathur. The petitioners face allegation of having committed the offences punishable under Sections 143, 147, 148, 341, 324, 326, 447, 506(ii) r/w Section 149 of the Indian Penal Code.
Crl.M.C. NO.4744 OF 2022 4
Accordingly, this Crl.M.C is allowed and all further proceedings in C.C.No.616/2022 on the file of the Judicial
Crl.M.C. NO.4744 OF 2022 5
First Class Magistrate Court-I, Alathur (Crime No.141/2022 of Nemmara Police Station, Palakkad District), will stand quashed as against the petitioners.
Sd/GOPINATH P. JUDGE
ats
Crl.M.C. NO.4744 OF 2022 6
APPENDIX OF CRL.MC 4744/2022
PETITIONERS’ ANNEXURES
Annexure 1CERTIFIED COPY OF THE F.I.R IN CRIME NO.141/2022 OF
NEMMARA POLICE STATION, PALAKKAD
Annexure 2THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT HEREIN
EVIDENCING THE AFORESAID FACTUM OF SETTLEMENT
Annexure 3THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT HEREIN
EVIDENCING THE AFORESAID FACTUM OF SETTLEMENT
1 issue framed by the court
Whether criminal proceedings against accused persons can be quashed on the basis of settlement under Section 482 of Cr.P.C.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherRelied on¶3
Gian Singh v. State of Punjab and Another; (2012) 10 SCC 303 · Who else cites this
State of Madhya Pradesh v. Laxmi Narayan and OthersRelied on¶3
State of Madhya Pradesh v. Laxmi Narayan and Others; (2019) 5 SCC 688 · Who else cites this
1 provisions across 1 enactments
RAJESHKUMAR @ GIRI AND OTHERS
STATE OF KERALA
SABHARIGIRISEN
LAKSHMI
GOPINATH P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court