The High Court of Kerala dismissed a criminal miscellaneous petition seeking quashing of criminal proceedings. The petitioners filed for quashing based on settlement, but the Court refused to exercise its discretion under Section 482 Cr.P.C due to the petitioners' serious criminal antecedents including murder charges.
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 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
CRL.MC NO. 172 OF 2024
CRIME NO.941/2023 OF Parippally Police Station, Kollam
AGAINST THE ORDER/JUDGMENT CP 46/2023 OF JUDICIAL MAGISTRATE OF
FIRST CLASS , PARAVOOR
PETITIONERS:
1SETHU
AGED 37 YEARS
S/O APPUKUTTAN, LEKHA MANDIRAM HOUSE, VIRINJAMCHERY,
KALLUVATHUKKAL VILLAGE, KOLLAM., PIN - 691578
2SUJITH
AGED 29 YEARS
S/O SUDHAKARAN, SURYA BHAVAN HOUSE, VIRINJAMCHERY,
KALLUVATHUKKAL VILLAGE, KOLLAM., PIN - 691578
BY ADVS.
M.R.SASITH
NEELANJANA NAIR
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 6820312 STATION HOUSE OFFICER POLICE STATION, PARIPPALLY, KOLLAM., PIN - 6915743 ARUNAN S/O SATHEESAN, ARUNALAYAM, ADUTHALA, NADAKKAL,KALLUVATHUKKAL VILLAGE, KOLLAM TALUK, KOLLAM., PIN - 691579BY ADV REJINA R.THAJ
OTHER PRESENT:
SRI. M.C. ASHI (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 172 OF 2024
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BECHU KURIAN THOMAS, J.
Crl.M.C. No. 172 of 2024
Dated this the 6th day of February, 2024
ORDER
Petitioners are accused in C.P.No.46/2023 on the files of the Judicial First Class Magistrate’s Court, Paravoor arising out of Crime No.941/2023 of Parippally Police Station, Kollam.
CRL.MC NO. 172 OF 2024
3
nothing survives against the petitioners as well the learned counsel for the petitioners also submitted that the matter has been settled and hence the proceedings against the petitioners ought to be quashed. It was also submitted that, considering the nature of offences alleged, no purpose would be served by continuing the proceedings.
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CRL.MC NO. 172 OF 2024
same by itself is not sufficient to extend such a benefit to the petitioners considering the nature of their criminal antecedents. It is in public interest that cases of persons with such serious criminal antecedents are not quashed on the basis of settlement. Therefore, I decline to exercise of the jurisdiction under Section 482 Cr.P.C, to quash the criminal case. Hence, this Crl.M.C is dismissed.
BECHU KURIAN THOMAS JUDGE
AJM
CRL.MC NO. 172 OF 2024
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APPENDIX OF CRL.MC 172/2024
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF FIR IN CRIME NO.941/2023 OF PARIPPALLY POLICE STATION, KOLLAM Annexure A2 TRUE COPY OF THE FINAL REPORT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE II, PARAVOOR Annexure A3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT TRUE COPY
2 issues framed by the court
Whether a criminal case against accused with serious criminal antecedents involving murder and other serious crimes should be quashed on the basis of settlement.
Whether the settlement between parties in a case involving grievous hurt and common intention to cause injury suffices to quash proceedings.
1 provisions across 1 enactments
Sethu
Sujith
State of Kerala
Arunan
B ECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court