A single judge of the Kerala High Court quashed criminal proceedings against a third accused based on a filed affidavit confirming the settlement of the dispute, finding no impediment to granting the prayer for quashing.
All proceedings against the petitioner in CC.No.760/2020 on the files of the Judicial Magistrate 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
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
CRL.MC NO. 550 OF 2023
CRIME NO.1179/2019 OF Mattancherry Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT CC 760/2020 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT, MATTANCHERY
PETITIONER/ACCUSED (A3):
HAROON DILSHAD
AGED 26 YEARS, S/O. DILSHAD P.U,
22/2363, VALUMAL ROAD, THOPPUMPADY, ERNAKULAM – 682005.
BY ADVS.
K.S.ARUN KUMAR
SAQIB RIZWAN
RESPONDENTS/COMPLAINANTS:
1STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA – 682031.
2MUHAMMEDKUNJU @ JAFFER
AGED 34 YEARS
S/O MOIDEENKUNJU, S P HOUSE, PALLATHUM MOOLAYIL,
NAKARAJ VILLAGE, BADIADKA, KASARGOD DISTRICT- 671551
BY ADV MOHAMMED SIYAD M F – RESP.
PUBLIC PROSECUTOR SEETHA S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.03.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.550 of 2023
2
BECHU KURIAN THOMAS, J.
==================== Crl.M.C. No.550 of 2023
=====================
Dated this the 24th day of March, 2023
ORDER
Petitioner has invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against him.
SCC 303], the Apex Court has held that in appropriate cases, the High Court can take note of the amicable resolution of disputes between
Crl.M.C. No.550 of 2023
3
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
jm
Crl.M.C. No.550 of 2023
4
APPENDIX OF CRL.MC 550/2023
PETITIONER ANNEXURES
Annexure 1
A TRUE COPY OF THE FINAL REPORT IN CRIME
NO. 1179/2019 OF MATTANCHERRY POLICE
STATION, ERNAKULAM DISTRICT.
Annexure 2
THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT.
3 issues framed by the court
Whether the High Court can quash criminal proceedings under Section 482 Cr.P.C. upon settlement of the matter.
Whether amicable resolution between the complainant and the accused justifies quashing the implicated proceedings.
Whether public interest is involved in the settlement of the dispute.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherExplained¶25
[(2012) 10 SCC 303] · Who else cites this
Narinder Singh and Others v. State of Punjab and AnotherExplained¶29
[(2014) 6 SCC 466] · Who else cites this
Yogendra Yadav and Others v. State of Jharkhand and AnotherExplained¶29
[(2014) 9 SCC 653] · Who else cites this
1 provisions across 1 enactments
Haroon Dilshad
State of Kerala
Muhammedkunju @ Jaffer
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court