Petitioner sought quashing of criminal proceedings under Section 482 CrPC citing settlement. Court found affidavits of settlement genuine, no public interest involved, and proceedings quashed as futile.
All proceedings against the petitioner in C.C. No.576/2016 on the files of the Judicial Magistrate of First Class-II, Kollam 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
TUESDAY, THE 21ST DAY OF MARCH 2023 / 30TH PHALGUNA, 1944 CRL.MC NO. 780 OF 2023
CRIME NO.53/2016 OF Kollam East Police Station, Kollam
PETITIONER/ ACCUSED NO.6 :
ALEX A @ ANU, AGED 27 YEARS, S/O ALAXANDER, PUTHUVAL PURAYIDAM, THIRUVATHIRA NAGAR 10, MUNDAKKAL, KOLLAM, PIN – 691 001
BY ADV JOMY K. JOSE
RESPONDENTS/ STATE :
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031 2 BINU N., AGED 35 YEARS, S/O NARAYANA PILLAI, BINU BHAVAN, KALEEKKAL THEKKETHIL, UDAYAMARTHANDAPURAM, MUNDAKKA EAST, KOLLAM EAST, KOLLAM, PIN – 691 001
*** ADDL.R3 IS IMPLEADED 3 SUDHEESH KUMAR S/O. SURESH KUMAR, SUDHEESH BHAVANAM, KALEEKAL THEKKETHIL, MUNDAKKAL EAST, KOLLAM P.O, PIN – 691 001**
*** ADDL.R3 IS IMPLEADED AS PER ORDER DATED 21.03.2023 IN CRL.M.A.NO.1 OF 2023**
BY SREEJA V., PUBLIC PROSECUTOR
BY ADV.JOMY K. JOSE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.03.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING :
CRL.MC NO. 780 OF 2023
2
BECHU KURIAN THOMAS, J.
=-=-=-=-=-=-=-=-=-=-=-=-=-=
Crl.M.C.No.780 of 2023
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Dated this the 21st day of March, 2023
ORDER
Petitioner has invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against him.
3
CRL.MC NO. 780 OF 2023
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 criminal miscellaneous case is allowed as above.
Sd/- BECHU KURIAN THOMAS, JUDGE
RKM
CRL.MC NO. 780 OF 2023
4
APPENDIX OF CRL.MC 780/2023
PETITIONER'S ANNEXURES :
| Annexure A1 | CERTIFIED COPY OF THE FIR IN CRIME NO. 0053/2016 OF KOLLAM EAST POLICE STATION, KOLLAM DISTRICT DATED 03-01-2016 |
|---|---|
| Annexure A2 | A TRUE COPY OF THE FINAL REPORT IN CRIME NO. 0053/2016 OF KOLLAM EAST POLICE STATION, KOLLAM DISTRICT DATED 18-01-2016 |
| Annexure A3 | ORIGINAL COPY OF THE AFFIDAVIT SWORN TO BY THE RESPONDENT NO: 2 ENDORSING THE FACTUM OF COMPOUNDING OF THE SAID OFFENCES AND THE SETTLEMENT OF THE DISPUTE |
| Annexure AIV | AFFIDAVIT OF SUDHEESH KUMAR (ADDITIONAL 3RD RESPONDENT) |
1 issue framed by the court
Whether criminal proceedings against the petitioner ought to be quashed on account of settlement and lack of public interest.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherExplained¶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 AnotherExplained¶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 AnotherExplained¶30
Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653] · Who else cites this
2 provisions across 2 enactments
ALEX A @ ANU
STATE OF KERALA
BINU N.
SUDHEESH KUMAR
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
BECHU KURIAN THOMAS
Parties & counsel
