The single judge quashed criminal proceedings against petitioners under Section 482 Cr.P.C. based on Section 482 Cr.P.C. and Sections 120(b), 147 IPC. The court accepted affidavits from respondents confirming settlement and concluded that no public interest is involved and continuance would be futile.
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. 790 OF 2023
CRIME NO.660/2007 OF NORTH PARUR POLICE STATION, ERNAKULAM AGAINST THE ORDER/JUDGMENTCC 321/2010 OF JUDICIAL MAGISTRATE
OF FIRST CLASS - I, NORTH PARAVUR
PETITIONERS/ACCUSED :
1 BRINDADEVI, AGED 43 YEARS, W/O.RADHAKRISHNAN, 27/44 AVP ROAD, NETHAJI NAGAR, ANUPPAR PALAYAM, PUDUR PO, TIRUPUR DISTRICT, PIN – 641 652.2 MUTHURAJA, AGED 42 YEARS, S/O.RAJANGAM, HOUSE NO.81, PULIYAL PO, RAMANDAHAPURAM – 630 312.3 ZAHEER HUSSAIN, AGED 45 YEARS DOOR NO.91, JEEVA COLONY, GANDHI NAGAR, TIRUPPUR, PIN – 641 603.4 ARUNKUMAR, AGED 39 YEARS, S/O.MANI, 4/97, THIRUNEELAKANDAR VEETHI, THIRUMURUGANPOONDI, TIRUPPUR, PIN – 641 652.5 RAJA, AGED 40 YEARS, S/O.MAHALINGAM, 3/59A/219, VGV NAGAR, ANAIPUDHUR, THIRUMURUGANPOONDI, TIRUPPUR, PIN – 641 652.6 RIYAS, AGED 36 YEARS, S/O.SHAHUL HAMEED, 108D, THIRUNEELAKANDAR VEETHI, THIRUMURUGANPOONDI, TIRUPPUR, PIN – 641 652.7 ANEES, AGED 37 YEARS, S/O.MUHAMMED ISMAIL, RAZAQ MANZIL, THIRUNEELAKANDAR VEETHI, THIRUMURUGANPOONDI, TIRUPPUR, PIN – 641 652.BY ADV K.S.ARUN KUMAR
RESPONDENTS/STATE/COMPLAINANT :
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031.2 MUHAMMED LUKHMAN T.A., AGED 45 YEARS S/O.ABDUKUNJ K.T., THANATHAPARAMBIL HOUSE, ATHANI PO, ERIYAD, THRISSUR DISTRICT – 680 666.3 K.A MUSTHAFA, AGED 70 YEARS KOOTUNGAL PARAMBIL HOUSE, PARAVUR THARA, MANNAM PO, ERNAKULAM DISTRICT, PIN – 683 520. BY ADV PUBLIC PROSECUTOR SEETHA S ADV.VIJAY SANKAR V.HTHIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.04.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC 790/2023
2
BECHU KURIAN THOMAS, J
Crl.M.C.No.790 of 2023
Dated this the 3rd day of April, 2023
ORDER
Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.
CRL.MC 790/2023
3
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].
by the contents thereof. I am satisfied that the matter has been settled and no public interest is involved in this case. There is no impediment for granting the prayer for quashing. The continuance of the proceedings will only be an exercise in futility.
The Criminal Miscellaneous case is allowed as above.
sd/-
BECHU KURIAN THOMAS JUDGE
AMV/04/04/2023
CRL.MC 790/2023
4
APPENDIX OF CRL.MC 790/2023
PETITIONER ANNEXURES
ANNEXURE-I |
A TRUE COPYCRIME NO.660/POLICE STATION |
OF THE FINAL REPORT IN2007 OF NORTH PARAVUR |
|---|---|---|
ANNEXURE-II |
THE AFFIDAVITNO.2 |
SWORN BY THE RESPONDENT |
ANNEXURE-III |
THE AFFIDAVITNO.3 |
SWORN BY THE RESPONDENT |
TRUE COPY
2 issues framed by the court
Whether the criminal proceedings under Sections 120(b) and 147 IPC should be quashed in view of the settlement of the matter.
Whether the continuance of the proceedings serves any purpose given the nature of offences and resolution.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherReferred¶33
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 AnotherReferred¶37
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 AnotherReferred¶37
Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653] · Who else cites this
2 provisions across 2 enactments
BRINDADEVI
MUTHURAJA
ZAHEER HUSSAIN
ARUNKUMAR
RAJA
RIYAS
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court