Accused sought quashing of assault proceedings after settlement with the defacto complainant, who filed a supporting affidavit verified by the prosecution. Relying on Gian Singh and related decisions, the High Court found no public interest involved and quashed all proceedings in C.C. No.613 of 2023.
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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. 391 OF 2024
CRIME NO.351/2023 OF Kongad Police Station, Palakkad
CC 613/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS – II, PALAKKAD PETITIONERS/ ACCUSED 1 & 2 :
1 MANIKANDAN, AGED 28 YEARS, S/O SUBRAMANNIAN, PUTHAMKOTTIL HOUSE PARASSERY POST, THRIPPALAMUNDA, PALAKKAD, KERALA, PIN – 678 632
2 RAMANKUTTY GUPTAN, AGED 59 YEARS, S/O APPUKUTTY GUPTAN, NAYAT HOUSE, PARASSERY POST , THRIPPALAMUNDA, PALAKKAD, KERALA, PIN – 678 632
BY ADVS. GOPIKA P. VISHNU P.H.
RESPONDENT/ STATE & COMPLAINANT :
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, KONGAD, PIN – 682 031
2 AMMINI AMMAL, AGED 93 YEARS, W/O LATE NARAYANA GUPTAN, KIZHAKKETHIL HOUSE, THRIPPALAMUNDA, PARASSERY POST, KONGAD, PALAKKAD, KERALA, PIN – 678 632
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. 391 OF 2024
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BECHU KURIAN THOMAS, J.
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Crl.M.C.No.391 of 2024
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Dated this the 2nd day of February, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.
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CRL.MC NO. 391 OF 2024
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].
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
CRL.MC NO. 391 OF 2024
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APPENDIX OF CRL.MC 391/2024
PETITIONERS' ANNEXURES :
Annexure 1 COPY OF THE FINAL REPORT IN CRIME NO. 351 OF 2023 OF KONGAD POLICE STATION AND NOW PENDING AS C.C NO. 613 OF 2023 ON THE FILES OF JFCM II COURT, PALAKKAD Annexure 2 THE AFFIDAVIT DATED 11.01.2024 OF THE 2 ND RESPONDENT
1 issue framed by the court
Whether criminal proceedings under Sections 323, 341, 448 and 506 IPC could be quashed under Section 482 Cr.P.C following a genuine 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
Manikandan
Ramankutty Guptan
State of Kerala
Ammini Ammal
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
