Fourth accused sought quashing of proceedings for offences arising from a student-organisation rivalry after settlement with the defacto complainant and injured witness. Court verified compromise affidavits, found no public interest involved, and quashed all pending proceedings.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 2ND DAY OF APRIL 2024 / 13TH CHAITHRA, 1946
CRL.MC NO. 336 OF 2024
CRIME NO.777/2022 OF ARANMULA POLICE STATION, PATHANAMTHITTA
IN CC NO.1049 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -I,PATHANAMTHITTA
PETITIONER/4th ACCUSED:
ASIF SHAJIDH,
AGED 21 YEARS
JALALUDEEN BUILDINGS KIDANGANOOR VILLAGE,
ERUVAKKAD P.O, VALLANA
PATHANAMTHITTA, PIN – 689503
BY ADV S.K.ADHITHYAN
RESPONDENTS/STATE:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031
2VISHAK P.R
S/O. P.V. REGHU,
PUTHIYAMANNIL HOUSE,
THEKKEMALA, KOZHENCHERRY,
PATHANAMTHITTA DISTRICT, PIN – 689641
3ARUN OMANAKUTTAN
S/O OMANAKUTTAN,
VAYARAKUNNIL CHIRAYIRAMPU P.O
PATHANAMTHITTA -689549
[IS IMPLEADED AS ADDITIONAL RESPONDENT NO.3 AS PER
ORDER DATED 02.04.2024 IN CRL.M.A.1 OF 2024 IN
CRL.M.C.NO.336/2024]
Crl.M.C.No.336 of 2024
-:2:-
BY ADV. CHRISTY THOMAS
OTHER PRESENT:
SRI. T.R. RANJITH
PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
02.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
-:3:-
Crl.M.C.No.336 of 2024
BECHU KURIAN THOMAS, J.
Crl.M.C.No.336 of 2024
Dated this the 2nd day of April, 2024
ORDER
Petitioner has invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against him.
Crl.M.C.No.336 of 2024
-:4:-
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS JUDGE
Jka/02.04.24.
Crl.M.C.No.336 of 2024
-:5:-
APPENDIX OF CRL.MC 336/2024
PETITIONER’S ANNEXURES
Annexure A1THE TRUE COPY OF THE FIR IN CRIME NO.
777/2022 OF ARANMULA POLICE STATION,
Annexure A2THE TRUE COPY OF THE FINAL REPORT IN CRIME
NO. 777/2022 OF ARANMULA POLICE STATION,
PUNISHABLE U/SS. 341,323,294(B), R/W 34 OF
IPC PENDING AS CC NO. 1049/2022 ON THE
FILE OF THE HON'BLE JUDICIAL FIRSTCLASS
MAGISTRATE COURT-I, PATHANAMTHITTA IS
Annexure A3TRUE COPY OF THE JUDGMENT IN CRL. MC NO.
5368/2023 DATED 17/10/2023
Annexure A4AN ORIGINAL AFFIDAVIT OF COMPROMISE OF
RESPONDENT NO. 2 DATED 21/06/2023
Annexure A5THE ORIGINAL AFFIDAVIT OF COMPROMISE GIVEN
BY CW3 ARUN OMANAKUTTAN DATED 04.03.2024
1 issue framed by the court
Whether criminal proceedings against the petitioner in a settled private dispute should be quashed under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherFollowed¶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
ASIF SHAJIDH
STATE OF KERALA
VISHAK P.R
ARUN OMANAKUTTAN
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court