Accused in an assault case sought quashing under Section 482 Cr.P.C after settling the dispute with the defacto complainant and injured witnesses. The court verified settlement affidavits and found no public interest in continuing proceedings.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 3RD DAY OF JULY 2024 / 12TH ASHADHA, 1946
CRL.MC NO. 1158 OF 2024
CRIME NO.246/2020 OF KOTTAYAM WEST POLICE STATION, KOTTAYAM
IN CC NO.338 OF 2020 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -II(MOBILE), KOTTAYAM
PETITIONERS/ACCUSED PERSONS 1 TO 5:
1PHILIP C THOMAS
AGED 45 YEARS
SON OF C.P. THOMAS CHENNATTU VEETIL,
KOZHENCHERI P.O, PATHANAMTHITTA,
KERALA, PIN – 689641
2JEEMON MATHEW
AGED 41 YEARS
SON OF KURIAN MATHEW
PUTHENPARAMBIL HOUSE, THANNICKAPADI,
VIJAYAPURAM VILLAGE, VADAVATHOOR,KOTTAYAM,
VADAVATHOOR, KERALA, PIN – 686010
3 BALU NITHYANANDAN AGED 31 YEARS SON OF NITHYANADAN P.K THOPPIL AIMANAM, KOTTAYAM, KERALA, PIN – 6860154BINU JACOB
AGED 49 YEARS
SON OF JACOB THOMAS
KUNNAMPALLI VEETIL KOTTAYAM,
KERALA, PIN – 686015
5ANOOP C K
AGED 32 YEARS
SON OF C.A KUTTAPPAN
CHERICKAMATTAM HOUSE NATTASSERY,
PARAMPUZHA P.O VIJAYAPURAM VILLAGE,
MUTTABALAM, KOTTAYAM,KERALA, PIN – 686004
Crl.M.C.No.1158 of 2024
-:2:-
BY ADV LUKE J CHIRAYIL
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 6820312JERAMI
AGED 36 YEARS
SON OF K P KUNJAN,
ELLIPPARAMBIL HOUSE KARAPUZHA P O,
THIRUVATHUKKAL S.N.D.P KOTTAYAM,
KOTTAYAM WEST, KERALA, PIN – 686003
3JOHN DEVASIA
SON OF SRI. DEVASIA K.Y.,
KUTTANPERURCHIRA,
CHANGANACHERRY TALUK,
VAZHAPALLY VILLAGE, RUBY NAGAR P.O.,
CHANGANACHERRY, KOTTAYAM, KERALA
4JOBY VARGHESE
SON OF SRI. VARGHESE DAVID,
ERAVUCHIRA HOUSE, UMBIDI P.O.,
THOTTAKKADU VILLAGE, CHANGANACHERRY TALUK,
THOTTAKKADU, KOTTAYAM, KERALA
[ADDITIONAL RESPONDENTS 3 AND 4 ARE IMPLEADED AS PER
ORDER DATED 03.07.2024 IN CRL.M.A.NO.3/2024 IN
CRL.M.C.NO.1158/2024]
BY ADVS.
ANJALI NARAYANAN
OTHER PRESENT
SMT. SREEJA.V,
PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.1158 of 2024
-:3:-
BECHU KURIAN THOMAS, J. --------------------------------------Crl.M.C.No.1158 of 2024
Dated this the 3rd day of July, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.
Crl.M.C.No.1158 of 2024
-:4:-
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS JUDGE
Jka/03.07.24.
H/O
Crl.M.C.No.1158 of 2024
-:5:-
APPENDIX OF CRL.MC 1158/2024
PETITIONERS’ ANNEXURES
Annexure A1TRUE COPY OF THE F.I.R DATED 19.02.2020
NUMBERED AS 246/ 2020 ON THE FILES OF
KOTTAYAM WEST POLICE STATION, KOTTAYAM
DISTRICT
Annexure A2TRUE COPY OF THE CASE STATUS OF C.C. NO.
338/2020 ON THE FILES OF THE JUDICIAL
FIRST-CLASS MAGISTRATE COURT-III KOTTAYAM,
OBTAINED FROM E-COURT WEBSITE
Annexure A3TRUE COPY OF THE FINAL REPORT DATED
28.02.2020 NUMBERED AS 518 OF 2020 ON THE
FILES OF JUDICIAL FIRST-CLASS MAGISTRATE
COURT-III KOTTAYAM, WHICH IS PRESENTLY
PENDING AS C.C. NO:338/2020 ON THE FILES
OF JUDICIAL FIRST-CLASS MAGISTRATE COURT-
III KOTTAYAM
Annexure A4 ORIGINAL OF THE AFFIDAVIT DATED 04.02.2024 WHICH IS SWORN BY JERAMI KUNJAN
Annexure A5ORIGINAL OF THE AFFIDAVIT DATED 09.04.2024
FILED BY JOBY VARGHESE IN CRL. M.C. NO.
1158/2024 ON THE FILES OF THE HONOURABLE
HIGH COURT OF KERALA
Annexure A6ORIGINAL OF THE AFFIDAVIT DATED 09.04.2024
FILED BY JOHN DEVASIA IN CRL. M.C. NO.
1158/2024 ON THE FILES OF THE HONOURABLE
HIGH COURT OF KERALA
1 issue framed by the court
Whether criminal proceedings for assault should be quashed under Section 482 Cr.P.C on the basis of a settlement between the parties.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherRelied on¶6
(2012) 10 SCC 303 · Who else cites this
Narinder Singh and Others v. State of Punjab and AnotherRelied on¶6
(2014) 6 SCC 466 · Who else cites this
Yogendra Yadav and Others v. State of Jharkhand and AnotherRelied on¶6
(2014) 9 SCC 653 · Who else cites this
2 provisions across 2 enactments
Philip C Thomas
Jeemon Mathew
Balu Nithyanandan
Binu Jacob
Anoop C K
State of Kerala
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court