The High Court quashed criminal proceedings against the petitioner under Sections 482 Cr.P.C. relying on the settlement between parties and the absence of public interest, holding further continuation as an exercise in futility.
All proceedings against the petitioner in S.C.No.237/2019 arising out of Crime No.322/2011 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
MONDAY, THE 3RD DAY OF APRIL 2023 / 13TH CHAITHRA, 1945
CRL.MC NO. 701 OF 2023
CRIME NO.322/2011 OF NADAPURAM POLICE STATION, KOZHIKODE
AGAINST THE ORDER/JUDGMENT SC 237/2019 OF SUB COURT, VADAKARA
PETITIONERS/ACCUSED NO.2 :
SUBAIR, AGED 30 YEARS
S/O. MAHAMOOD KUNHIKATTIL HOUSE, IRRINGANOOR POST,
KOZHIKODE DISTRICT,, PIN – 673 505.
BY ADV M.P.PRIYESHKUMAR
RESPONDENTS/RESPONDENTS :
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI 682 031.2 NOUSHAD, AGED 48 YEARSS/O.MUSTHAFA HAJI MURINGOLI PUTHIYAPURAYIL HOUSE, PADINHARATHARA (PO), MANANTHAVADI, WAYANAD DISTRICT,PIN – 673 575.3 NOUFAL, AGED 45 YEARS S/O MUSTHAFA HAJI, MURINGOLI PUTHIYAPURAYIL HOUSE, PADINHARATHARA (PO), MANANTHAVADI, WAYANAD DISTRICT, PIN – 673 575. SMT.SREEJA V., SR.GP SMT.DIVYA T.P.THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.04.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC 701/2023
2
BECHU KURIAN THOMAS, J
......…..................................
Crl.M.C.No.701 of 2023
…..................................
Dated this the 3rd day of April, 2023
ORDER
Petitioner has invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against him.
has been settled and hence the proceedings against the petitioner ought to be quashed. It was also submitted that, considering the nature of offences alleged, no purpose would be
CRL.MC 701/2023
3
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 701/2023
4
S.C.No.237/2019 on the files of the Assistant Sessions Court,
Vatakara, arising out of Crime No.322/2011 of Nadapuram
Police Station, are quashed.
The Criminal Miscellaneous case is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/04/04/2023
CRL.MC 701/2023
5
APPENDIX OF CRL.MC 701/2023
PETITIONER ANNEXURES
ANNEXURE A |
A CERTIFIEDNO.322/2011STATION, KOZH |
COPYOFIKODE |
OFN |
THE FIRADAPURAM |
IN CRIMEPOLICE |
|---|---|---|---|---|---|
ANNEXURE B |
A CERTIFIEDALONG WITH T |
COPYHE M |
OFEMOR |
THE FINAANDUM OF |
L REPORTEVIDENCE |
IN CC 237/2ASSISTANT SES |
019SIONS |
ONCOU |
THE FILERT, VADAK |
OF THEARA |
|
ANNEXURE C |
AFFIDAVIT OF26.11.2022 |
THE |
2ND |
RESPONDE |
NT DATED |
ANNEXURE D |
AFFIDAVIT OF26.11.2022 |
THE |
3RD |
RESPONDE |
NT DATED |
TRUE COPY
2 issues framed by the court
Whether criminal proceedings under various sections of the Indian Penal Code can be quashed on the ground of settlement and lack of public interest.
Whether the continuance of proceedings serves any useful purpose or is merely an exercise in futility.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherExplained¶31
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 AnotherExplained¶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 AnotherExplained¶32
Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653] · Who else cites this
1 provisions across 1 enactments
SUBAIR
STATE OF KERALA
NOUSHAD
NOUFAL
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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