Petitioner filed criminal miscellaneous case to quash criminal proceedings on grounds of settlement for offences including murder. Court held Section 307 IPC bars quashing but directed trial court to dispose of settled case quickly.
Directed Addl. District & Sessions Court-IV, Palakkad to dispose of SC No.936 of 2019 expeditiously.
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 P.V.KUNHIKRISHNAN MONDAY, THE 4TH DAY OF DECEMBER 2023 / 13TH AGRAHAYANA,
1945
CRL.MC NO. 905 OF 2022
CRIME NO.313/2019 OF Alathur Police Station, Palakkad
PETITIONER/S:
MUHAMMEDALI ALIAS MUHAMMED KHANI
AGED 40 YEARS
SON OF ABDUL REHIMAN, KARIMKULANGARA VEEDU,
VAVULLYAPURAM, ALATHUR, PALAKKAD
PALAKKAD, PIN - 678543
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/S:
1 ARIF, AGED 32 YEARS, SON OF YUSAF, KORANAMCODE VEEDU, VAVULLYAPURAM, TARUR, ALATHUR, PALAKKAD PALAKKAD, PIN - 6785432 ANSARI, AGED 30 YEARS, SON OF YUSAF, KORANAMCODE VEEDU, VAVULLYAPURAM, TARUR, ALATHUR, PALAKKAD PALAKKAD, PIN - 6785433 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM ERNAKULAM, PIN - 682031BY ADV UNNI SEBASTIAN KAPPENOTHER PRESENT:
SRI HRITHWIK CS, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 04.12.2023, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
-2-
Crl.M.C No. 905 of 2022
P.V.KUNHIKRISHNAN, J.
Crl.M.C No.905 of 2022
Dated this the 4th day of December, 2023
ORDER
This Crl.M.C is filed to quash the proceedings in SC No.936 of
2019 on the file of the Additional District & Sessions Court-IV, Palakkad based on settlement. The offences alleged are under Sections 341, 324, 326, 506(ii), 308 and 307 IPC. Since the offence alleged under Section 307 IPC is there, in the light of the decision in
State of Madhya Pradesh v Laxmi Narayan and Others (2019 (5)
SCC 688) the criminal proceedings cannot be quashed based on settlement. But there can be a direction to the trial court to dispose of the case in the light of the fact that the matter is settled.
Therefore, this Crl.M.C is disposed of directing the Additional District & Sessions Court-IV, Palakkad to dispose of SC No.936 of 2019, as expeditiously as possible. sd/-
P.V.KUNHIKRISHNAN JUDGE
das
-3-
Crl.M.C No. 905 of 2022
APPENDIX OF CRL.MC 905/2022
PETITIONER ANNEXURES
Annexure1CERTIFIED COPY OF THE FINAL REPORT IN
S.C.NO.936/2019 OF THE COURT OF
ADDL.SESSIONS JUDGE-IV, PALAKKAD
Annexure2THE AFFIDAVIT SWORN BY THE 1ST
RESPONDENT HEREIN EVIDENCING THE
AFORESAID FACTUM OF SETTLEMENT
Annexure3THE AFFIDAVIT SWORN BY THE 2ND
RESPONDENT HEREIN EVIDENCING THE
AFORESAID FACTUM OF SETTLEMENT
2 issues framed by the court
Whether criminal proceedings under Section 307 IPC can be quashed on the basis of a settlement.
Whether the trial court can be directed to dispose of the settled case expeditiously.
Colour shows how this judgement treated each authority
State of Madhya Pradesh v Laxmi Narayan and OthersReferred¶24
State of Madhya Pradesh v Laxmi Narayan and Others (2019 (5) SCC 688) · Who else cites this
MUHAMMEDALI ALIAS MUHAMMED KHANI
ARIF
ANSARI
STATE OF KERALA
P.V.KUNHIKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court