Petitioners prayed to quash criminal proceedings under Section 482 CrPC citing settlement. Court examined affidavits and found matter settled, noting public interest was not involved. Proceedings were quashed as an exercise in futility.
All proceedings against the petitioners in C.C. No. 1547/2019 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. 814 OF 2023
PETITIONER/S:
1LABAN
AGED 26 YEARS,S/O PATHROS,
PUTHUVAL PURAYIDAM VEEDU, ANCHUTHENGU VILLAGE
THIRUVANANTHAPURAM, PIN - 695001
2 SAJAN AGED 25 YEARS S/O. SIRIL, CHAMBAVU PUTHUVAL PURAYIDAM VEEDU, KADAKKAVOOR VILLAGE, THIRUVANANTHAPURAM, PIN - 6953063 ANOOPAGED 26 YEARS S/O. ANTONY,CHAMBAVU ETHEN VEEDU, KADAKKAVOOR VILLAGE, THIRUVANANTHAPURAM, PIN - 6953064 BAIJUAGED 42 YEARSS/O. OUSEPH,THETTIMOOLA BETHLAHEM VEEDU, KADAKKAVOOR VILLAGE, THIRUVANANTHAPURAM, PIN - 6953065 ANDROOS AGED 30 YEARSS/O. ANTONY CHAMBAVU ETHEN VEEDU, KADAKKAVOOR VILLAGE,
THIRUVANANTHAPURAM, PIN - 695306
BY ADV M.R.SARIN
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALAREPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.682031, PIN - 6820312 FRANCISAGED 57 YEARS S/O, ALBERT, MALLIKA VEEDU, THAZHAMPALLY, SARKARA, ANJUTHENGU, THIRUVANANTHAPURAM, PIN - 6953093 SUNNY ( SOUGHT TO BE IMPLEADED ) S/O VINCENT, THAZHAMPALLY,SARKARA, ANJUTHENGU,THIRUVANANTHAPURAM ( SOUGHT TO BE IMPLEADED )4 VINCENT ( SOUGHT TO BE IMPLEADED ) S/O VITALICE, PUTHUVALL HOUSE, THAZHAMPALLI DESOM,THARKARA VILLAGE , ANJUTHENGU, THIRUVANATHAPURAM ( SOUGHT TO BE IMPLEADED )CRL.MC NO. 814 OF 2023
2
BY ADV sneha joy joy
OTHER PRESENT:
PP SMT.SREEJA V,
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 03.04.2023, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 814 OF 2023
3
BECHU KURIAN THOMAS, J.
Crl.M.C. No.814 of 2023
Dated this the 3rd day of April, 2023
ORDER
Petitioners have invoked the jurisdiction under Section 482 of Cr.P.C to quash all proceedings against them.
4
CRL.MC NO. 814 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 Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS JUDGE
AJM
CRL.MC NO. 814 OF 2023
5
APPENDIX OF CRL.MC 814/2023
PETITIONER ANNEXURES
Annexure A1THE CERTIFIED COPY OF FIR IN CRIME NO.
783/2018 OF ANCHUTHENGU POLICE STATION
Annexure A2THE CERTIFIED TRUE COPY OF FINAL REPORT
IN CC NO. 1547/2019 IN THE JUDICIAL
FIRST CLASS MAGISTRATE COURT-1 ,
VARKALA
Annexure3THE ORIGINAL AFFIDAVIT SWORN BY THE
2NDRESPONDENT
Annexure A4AFFIDAVIT SWORN BY THE 3RD RESPONDENT
Annexure A5AFFIDAVIT SWORN BY THE 4TH RESPONDENT
//TRUE COPY//
1 issue framed by the court
Whether criminal proceedings against petitioners ought to be quashed on account of settlement of the matter between parties.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherReferred¶39
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¶41
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¶41
Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653] · Who else cites this
1 provisions across 1 enactments
Laban
Sajan
Anoop
Baiju
Androos
State of Kerala
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