The High Court of Kerala declined to quash criminal trial proceedings under Section 482 Cr.P.C. The Court held that serious injuries constituting an attempt to murder make the offence heinous, precluding quashing even if a settlement existed.
Power under Section 482 Cr.P.C. to quash proceedings was declined; Crl.M.C. dismissed.
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 13TH DAY OF MARCH 2024 / 23RD PHALGUNA, 1945
CRL.MC NO. 3434 OF 2023
CRIME NO.861/2019 OF Venjaramoodu Police Station,
Thiruvananthapuram
CP NO.101 OF 2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,
NEDUMANGAD
PETITIONERS/ ACCUSED NO.2 TO 7 :
1 ABHIJITH @ ABITH, AGED 20 YEARS AS VILLA, NEAR PAMBUVILAKAM AGANWADI, OZHUKKUPPARA DESOM, MANIKKAL VILLAGE, THIRUVANANTHAPURAM, PIN – 695 606
2 SHIYAS, AGED 18 YEARS S/O. SAWAD, PAZHAVILA VEEDU, KARIKKAKOM, OZHUKKUPPARA DESOM, MANIKKAL VILLAGE, THIRUVANANTHAPURAM, PIN – 695 606
3 SULTHAN, AGED 18 YEARS
S/O. HARSHAD, SHABHANA MANZIL, PAZHAYACHANTHA, KALLARA VILLAGE, THIRUVANANTHAPURAM, PIN – 695 608
4 MUHAMMED SIDHIQUE, AGED 21 YEARS
S/O. RAFEED, SHANIF MANZIL, THAPASAGIRI, KOTTOOR DESOM, KALLARA VILLAGE, THIRUVANANTHAPURAM, PIN - 695608
5 NISAMUDHEEN, AGED 39 YEARS, S/O. ADHUL BASHEER, SAFIUNNISA MANZIL, MANNAMVILA, THAEVALAKKADU, MANIKKAL VILLAGE, THIRUVANANTHAPURAM, PIN – 695 606
CRL.MC NO. 3434 OF 2023
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6 AJMAL, AGED 19 YEARS, S/O. AKBAR, SHYLA MANZIL, OZHUKKUPPARA, KUTHIRAKULAM DESOM, MANIKKAL VILLAGE, THIRUVANANTHAPURAM, PIN - 695606
BY ADV M.R.SARIN
RESPONDENTS/ DEFACTO COMPLAINANT :
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER VENJARAMMOODU POLICE STATION, THIRUVANANTHAPURAM, PIN – 695 607 3 SANJAYAN AGED 45 YEARS S/O. THYAGARAJAN, MANIKKAL VEEDU, NEAR VENJARAMMOODU MARKET, THIRUVANANTHAPURAM, PIN – 695 607
4 ADARSH A.S., AGED 32 YEARS, S/O ASOKAN, KOUSTHUBLAM VEEDU THOTTUMPURAM, NELLANAD VILLAGE, THIRUVANATHAPURAM KERALA, NOW RESIDING AT VALLIKKAD CHARUVILA, PUTHENVEEDU, KANTHALAKONAM, NELLANAD P.O, THIRUVANATHAPURAM, PIN – 695 103
BY ADV. SNEHA JOY
SRI. T.R. RANJITH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 3434 OF 2023
3
BECHU KURIAN THOMAS, J.
=-=-=-=-=-=-=-=-=-=-=-=-=-=
Crl.M.C.No.3434 of 2023
=-=-=-=-=-=-=-=-=-=-=-=-=-=
Dated this the 13th day of March, 2024
ORDER
Petitioners are accused 2 to 7 in S.C.No.1508 of 2021 on the files of
the Additional Assistant Sessions Court, Nedumangadu. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324 and 307 r/w Section 149 of the Indian Penal Code, 1860.
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CRL.MC NO. 3434 OF 2023
to be treated as heinous crimes, which cannot be quashed on the basis of a settlement, unless the admitted allegations in the final report does not make out any such heinous offence.
Hence this Court declines the exercise of power under Section 482 of Cr.P.C. to quash the proceedings in S.C.No.1508 of 2021 on the files of the Additional Assistant Sessions Court, Nedumangadu.
The Crl.M.C. is dismissed.
BECHU KURIAN THOMAS, JUDGE
RKM
CRL.MC NO. 3434 OF 2023
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APPENDIX OF CRL.MC 3434/2023
PETITIONERS' ANNEXURES :
| Annexure A1 | THE CERTIFIE PRODUCED BEFO CLASS MAGISTR P NO. 101/201 |
D COPY OF FINAL REPORT RE THE HON'BLE JUDICIAL FIRST ATE COURT I, NEDUMANGAD AS C 9 |
|---|---|---|
| Annexure A2 | THE ORIGINAL RESPONDENT |
AFFIDAVIT SWORN BY THE 3RD |
| Annexure A3 | THE ORIGINAL RESPONDENT |
AFFIDAVIT SWORN BY THE 4TH |
3 issues framed by the court
Whether the trial proceedings应予 quashing under Section 482 Cr.P.C. on the basis of a settlement given the gravity of the attempted murder charges.
Whether offences under Section 307 IPC constitute heinous crimes precluding quashing despite settlement.
Whether the final report sufficiently evidences an attempt to murder based on the injuries inflicted.
Colour shows how this judgement treated each authority
State of Madhya Pradesh v. Laxmi Narayan and OthersExplained¶41
State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688] · Who else cites this
Gian Singh v. State of Punjab and AnotherExplained¶41
Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] · Who else cites this
2 provisions across 2 enactments
Abhijith @ Abith
Shiyas
Sultan
Muhammed Sidhiqee
Nisamudheen
Ajmal
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
