Third accused sought quashing of a Section 307 IPC sessions case based on settlement affidavits by the complainant and injured. The Public Prosecutor reported no police statements accepting the affidavits. Citing Gian Singh, the court held serious offences like Section 307 cannot be quashed on settlement given the grave injuries.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 2ND DAY OF FEBRUARY 2024 / 13TH MAGHA, 1945
CRL.MC NO. 192 OF 2024
CRIME NO.0104/2015 OF Alappuzha South Police Station, Alappuzha
SC 753/2023 OF ASSISTANT SESSIONS COURT/ADDITIONAL SUB COURT,
ALAPPUZHA
PETITIONER/ ACCUSED NO.3:
EASA I, AGED 29 YEARS, S/O ESAHAK, ARACKAL VEEDU, STADIUM WARD, ALAPPUZHA MUNICIPALITY, ALAPPUZHA, PIN – 688 001
BY ADVS. C.R.SANISH ANJANA K.P. KARTHIK S. ACHARYA
RESPONDENT/ STATE, DEFACTO COMPLAINANT AND INJURED :
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN, PIN – 682 031
2 ROHIT R CHANDRAN, AGED 34 YEARS, S/O RAMACHANDRAN, RESIDING AT PRASADAM [MEETHALE KUNNATH], VTC, THIKKODY P O, SOUTH OF THIKKODY MAPPILA LP SCHOOL, QUILANDY,KOZHIKODE, PIN – 673 529
3 JOSEPH T R @ BIPIN, AGED 33 YEARS, S/O ROBERT, RESIDING AT THAIPARAMBIL HOUSE, KUTHIRAPANTHY WARD, THIRUVAMPADY JUNCTION, ALAPPUZHA, PIN – 688 002
CRL.MC NO. 192 OF 2024
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4 APPU, AGED 33 YEARS, S/O KUNJUMON, RESIDING AT THAIPARAMBIL HOUSE, KUTHIRAPANTHY WARD, THIRUVAMPADY JUNCTION, ALAPPUZHA, PIN – 688 002
SRI. M.C. ASHI, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 192 OF 2024
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BECHU KURIAN THOMAS, J.
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Crl.M.C.No.192 of 2024
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Dated this the 2nd day of February, 2024
ORDER
Petitioner is the 3rd accused in S.C.No.753 of 2023 before the Assistant Sessions Court, Alappuzha, arising out of Crime No.104 of 2015 of Alappuzha South Police Station. Petitioner contends that the crime has been settled on account of the affidavit filed by the injured persons.
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CRL.MC NO. 192 OF 2024
settlement cannot be relied upon to quash the proceedings especially since the nature of injuries inflicted upon the injured are very serious.
Accordingly, this Crl.M.C. is dismissed.
Sd/- BECHU KURIAN THOMAS, JUDGE
RKM
CRL.MC NO. 192 OF 2024
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APPENDIX OF CRL.MC 192/2024
PETITIONER'S ANNEXURES :
| Annexure A1 | THE CERTIFIED COPY OF THE FIR AND FIS IN CRIME NO.104/2015 OF ALAPPUZHA SOUTH POLICE STATION |
|---|---|
| Annexure A2 | THE AFFIDAVIT SWEARS AND SIGNED BY THE 2 ND RESPONDENT/DEFACTO COMPLAINANT IN CRIME NO.104/2015 OF ALAPPUZHA SOUTH POLICE STATION CHARGE SHEETED AS SC NO.753/2023 PENDING BEFORE THE ASSISTANT SESSIONS COURT, ALAPPUZHA DISTRICT STATING THAT THE PETITIONER/3 RD ACCUSED IS NOT INVOLVED IN THE INCIDENT AND HIS NAME IS HAPPENED TO BE INCLUDED DUE TO MISTAKE OF IDENTITY AND MISTAKE OF FACTS AND THE ENTIRE DISPUTES BETWEEN THE PETITIONER/3 RD ACCUSED AND THE DEFACTO COMPLAINANT IS SETTLED |
| Annexure A3 | CERTIFIED COPY OF THE FINAL CHARGE SUBMITTED BY THE SHO ALAPPUZHA SOUTH POLICE STATION BEFORE THE HON'BLE JFCM COURT ALAPPUZHA AND COMMITTED TO THE ASSISTANT SESSIONS COURT, ALAPPUZHA DISTRICT NUMBERED AS SC NO.753/2023. |
| Annexure A4 | THE AFFIDAVIT SWEARS AND SIGNED BY THE 3 RD RESPONDENT/INJURED PERSON IN CRIME NO.104/2015 OF ALAPPUZHA SOUTH POLICE STATION CHARGE SHEETED AS SC NO.753/2023 PENDING BEFORE THE ASSISTANT SESSIONS COURT, ALAPPUZHA DISTRICT STATING THAT THE PETITIONER/3 RD ACCUSED IS NOT INVOLVED IN THE INCIDENT AND HIS NAME IS HAPPENED TO BE INCLUDED DUE TO MISTAKE OF IDENTITY AND MISTAKE OF FACTS AND THE ENTIRE DISPUTES BETWEEN THE PETITIONER/3 RD ACCUSED AND THE INJURED PERSON IS SETTLED . |
| Annexure A5 | THE AFFIDAVIT SWEARS AND SIGNED BY THE 4 TH RESPONDENT/INJURED PERSON IN CRIME NO.104/2015 OF ALAPPUZHA SOUTH POLICE STATION CHARGE SHEETED AS SC NO.753/2023 |
CRL.MC NO. 192 OF 2024
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PENDING BEFORE THE ASSISTANT SESSIONS COURT, ALAPPUZHA DISTRICT STATING THAT THE PETITIONER/3 RD ACCUSED IS NOT INVOLVED IN THE INCIDENT AND HIS NAME IS HAPPENED TO BE INCLUDED DUE TO MISTAKE OF IDENTITY AND MISTAKE OF FACTS AND THE ENTIRE DISPUTES BETWEEN THE PETITIONER/3 RD ACCUSED AND THE INJURED PERSON IS SETTLED.
Annexure A6 THE TRUE COPY OF THE JUDGMENT DATED 17/02/2020 IN SC NO.300/2018 PASSED BY THE HONOURABLE ASSISTANT SESSIONS COURT, ALAPPUZHA.
1 issue framed by the court
Can a sessions case under Section 307 IPC be quashed on the basis of affidavits of settlement filed by the defacto complainant and injured persons?
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherRelied on¶4
(2012) 10 SCC 303 · Who else cites this
1 provisions across 1 enactments
Easa I
State of Kerala
Rohit R Chandran
Joseph T R @ Bipin
Appu
Bechu Kurian Thomas
As recorded by the court registry
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