Quashing petition under Section 482 CrPC against rash and negligent driving case. Court found the matter settled between accused and defacto complainant, verified the complainant's affidavit, held no public interest involved, and quashed all proceedings.
All proceedings against the petitioner in Crime No.936/2023 of Kadakkal Police Station quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 9TH DAY OF JULY 2024 / 18TH ASHADHA, 1946
CRL.MC NO. 1980 OF 2024
CRIME NO.936/2023 OF Kadakkal Police Station, Kollam
PETITIONER:
ABDUL HAKKIM
AGED 54 YEARS
S/O.MUHAMMED HANEEFA,
A R MANZIL,
ELAMPAZHANNOOR,
KADAKKAL,
ELAMPAZHANNUR,
KOLLAM, PIN - 691534
BY ADV SREERAJ M.D.
RESPONDENTS:
1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
PIN - 682031
2YADU KRISHNAN
AGED 22 YEARS
S/O. OMANAKUTTAN,
ROHINI, VADAKKE VAYAL,
KUTTIKADU, KADAKKAL,
KOLLAM DISTRICT, PIN - 691536
BY ADV AKSHAYA S.NAIR
OTHER PRESENT:
SMT. SREEJA V (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 1980 OF 2024
2
BECHU KURIAN THOMAS, J.
Crl.M.C. No. 1980 of 2024
Dated this the 9th day of July, 2024
ORDER
Petitioner has invoked the jurisdiction under Section 482 of Code of Criminal Procedure, 1973 to quash all proceedings
against him.
3
CRL.MC NO. 1980 OF 2024
CRL.MC NO. 1980 OF 2024
4
Crime No.936 of 2023 of Kadakkal Police Station, Kollam are
quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS JUDGE
AJM
CRL.MC NO. 1980 OF 2024
5
APPENDIX OF CRL.MC 1980/2024
PETITIONER ANNEXURES
Annexure A1TRUE COPY OF THE FIRST INFORMATION
REPORT DATED 1/6/2023
Annexure A2AFFIDAVIT DT.29-01-2024 OF THE 2ND
RESPONDENT
1 issue framed by the court
Whether proceedings in a settled private dispute over rash driving offences can be quashed under Section 482 CrPC on the basis of an affidavit by the defacto complainant.
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
3 provisions across 3 enactments
Abdul Hakkim
State of Kerala
Yadu Krishnan
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court