The High Court of Kerala allowed a criminal miscellaneous petition under Section 482 Cr.P.C. to quash proceedings against two petitioners for a settlement. The court held that no public interest remained in continuing the trial given the amicable resolution.
All proceedings against the petitioners in C.C. No. 836/2021 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
TUESDAY, THE 28TH DAY OF MARCH 2023 / 7TH CHAITHRA, 1945
CRL.MC NO. 672 OF 2023
CRIME NO.1123/2020 OF Venmani Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT IN CC 836/2021 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -I, CHENGANNUR
PETITIONERS:
1 RAHUL AGED 22 YEARS S/O RAMANAN, GAYA VEEDU, KOLLAKKADAVU, CHERUVALLOOR MURI, CHERIYANAD VILLAGE, ALAPPUZHA DISTRICT, PIN - 690509 2 NIDHIN AGED 21 YEARS S/O MADHUSOODANAN, THEKKETHIL VEEDU, CHENKARA, CHERUVALLOOR MURI, CHERIYANAD VILLAGE, ALAPPUZHA DISTRICT, PIN - 690509 3 SETHU @ VIJAYA GHOSH AGED 25 YEARS S/O VIJAYA GHOSH, PULINILKKUNNATHIL VEEDU, CHERUVALLOOR MURI, CHERIYANAD VILLAGE, ALAPPUZHA DISTRICT, PIN - 690509 BY ADVS. MANU RAMACHANDRAN M.KIRANLAL R.RAJESH (VARKALA) SAMEER M NAIR DHANALAKSHMI V.K. GEETHU KRISHNAN SAILAKSHMI MENON
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER POLICE STATION OF VENMONY, ALAPPUZHA DISTRICT, PIN - 689509 3 AMRITHAN AGED 29 YEARS S/O SURENDRAN, VETTIKATTU MALAYIL (H), KADAYIKKADU MURI, 12TH WARD, CHERIYANAD GRAMA PANCHAYATH,
Crl.M.C NO.672 OF 2023 2
CHERIYANADU VILLAGE, ALAPPUZHA DISTRICT, PIN - 689511
4 DINESHAN AGED 35 YEARS S/O SURENDRAN, VETTIKATTU MALAYIL (H), KADAYIKKADU MURI, 12TH WARD, CHERIYANAD GRAMA PANCHAYATH, CHERIYANADU VILLAGE, ALAPPUZHA DISTRICT, PIN - 689511
BY ADV ANSU VARGHESE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.03.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C NO.672 OF 2023
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BECHU KURIAN THOMAS, J.
Crl.M.C No.672 of 2023
Dated this the 28th day of March, 2023
JUDGMENT
Petitioners have invoked the jurisdiction under Section 482
Cr.P.C to quash all proceedings against them.
Crl.M.C NO.672 OF 2023
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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.
5. In Gian Singh v. State of Punjab and Another [(2012)
10 SCC 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.M.C NO.672 OF 2023
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of the proceedings will only be an exercise in futility.
No.836/2021 on the files of the Judicial First Class Magistrate
Court, Chengannur are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS JUDGE
ska
Crl.M.C NO.672 OF 2023
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APPENDIX OF CRL.MC 672/2023
PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1123/2020 OF VENMONY POLICE STATION, ALAPPUZHA DISTRICT WHICH IS NOW PENDING AS C.C NO.836/2021 ON THE FILES OF JFMC -I, CHENGANNUR Annexure A2 THE ORIGINAL OF THE AFFIDAVIT DATED 15.11.2022 SWORN BY THE 3RD RESPONDENT/DE-FACTO COMPLAINANT Annexure A3 THE ORIGINAL OF THE AFFIDAVIT DATED 15.11.2022 SWORN BY THE 4TH RESPONDENT/CW2
1 issue framed by the court
Whether criminal proceedings should be quashed in view of the settlement of the dispute and nature of offences.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherRelied on¶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 AnotherRelied on¶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 AnotherRelied on¶32
Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653] · Who else cites this
1 provisions across 1 enactments
RAHUL
NIDHIN
SETHU @ VIJAYA GHOSH
STATE OF KERALA
AMRITHAN
DINESHAN
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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