Accused in a criminal case for assault offences sought quashing under Section 482 Cr.P.C after settlement with the defacto complainant. The court verified the complainant's affidavit, found no public interest involved, and quashed all proceedings.
All proceedings against petitioners in C.C.No.234/2021 quashed; Crl.M.C allowed.
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
WEDNESDAY, THE 14TH DAY OF FEBRUARY 2024 / 25TH MAGHA, 1945
CRL.MC NO. 184 OF 2024
AGAINST THE ORDER/JUDGMENT CC 234/2021 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -V, THIRUVANANTHAPURAM(SPECIAL COURT-MARKLIST
CASES)
PETITIONER/ACCUSED NOS.1 TO 3 :
1 SUMAYYA ABDUL JABAR MEHABUBU, AGED 27 YEARS W/O MUHAMMED SADIK, MUKALEL VEEDU, NEHRU JUNCTION, THIRUVANANTHAPURAM- 695 582.2 MUHAMMED SADIK,AGED 34 YEARS S/O M.M. SULAIMAN, MUKALEL VEEDU, NEHRU JUNCTION, THIRUVANANTHAPURAM-, PIN – 695 582.3 M.M. SULAIMAN, AGED 70 YEARS S/O SYED MAKKAR, MUKALEL VEEDU, NEHRU JUNCTION, THIRUVANANTHAPURAM-, PIN – 695 582.BY ADV P.ANOOP (MULAVANA)
RESPONDENT/STATE/DEFACTO COMPLAINANT :
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031.2 JOHNSON. P AGED 22 YEARS S/O PRASAD, MAAKKADU VILKKAM, NEHRU JUNCTION, THIRUVANANTHAPURAM, PIN – 695 582. SMT.RAJITHA V.K.-R SRI. M.C. ASHI (PP)THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC 184/2024
2
BECHU KURIAN THOMAS, J
......….............................................
Crl.M.C.No.184 of 2024
…................................................
Dated this the 14th day of February, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to
quash all proceedings against them.
files of the Judicial First Class Magistrate Court-V, Thiruvananthapuram, registered for the offences punishable under Sections 323, 324, and 506(ii) of the Indian Penal Code, 1860. The second respondent is the defacto complainant.
complainant and threatend him, thereby committed the offences alleged.
CRL.MC 184/2024
3
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.
the Apex Court has held that in appropriate cases, the High Court
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].
CRL.MC 184/2024
4
exercise in futility.
Accordingly, all proceedings against the petitioners in C.C.No.234 of
2021 on the files of the Judicial First Class Magistrate Court-V,
Thiruvananthapuram, are quashed.
This Crl.M.C is allowed as above.
sd/BECHU KURIAN THOMAS JUDGE
AMV/14/02/2024
CRL.MC 184/2024
5
APPENDIX OF CRL.MC 184/2024
PETITIONER ANNEXURES
ANNEXURE A1TRUE COPY OF THE PRIVATE COMPLIANT ALONG
WITH DOCUMENTS FILED BEFORE THE JUDICIAL
FIRST-CLASSMAGISTRATECOURT-V,
THIRUVANANTHAPURAM AS CC NO.234/2021.
ANNEXURE A2A TRUE COPY OF THE AFFIDAVIT FILED BY THE
2ND RESPONDENT.
TRUE COPY
1 issue framed by the court
Whether proceedings in C.C.No.234/2021 for offences under Sections 323, 324, 506(ii) IPC could be quashed following a private 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
Sumayya Abdul Jabar Mehabubu
Muhammed Sadik
M.M. Sulaiman
State of Kerala
Johnson P
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court