Accused sought quashing of criminal proceedings for offences under Sections 294(b), 323 and 506 IPC after settling the dispute with the defacto complainant. Relying on Gian Singh and later decisions, the High Court held no public interest was involved and quashed all proceedings.
All proceedings against the petitioners in C.C. No. 330 of 2024 were quashed.
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
MONDAY, THE 8TH DAY OF JULY 2024 / 17TH ASHADHA, 1946
CRL.MC NO. 4081 OF 2024
CRIME NO.165/2024 OF Museum Police Station, Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.330 OF 2024 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -III,THIRUVANANTHAPURAM
PETITIONERS:
1VIJAYARAJAN N.,
AGED 65 YEARS
S/O. NARAYANAN,
DEVI SURYA,
THAZHATHUKULAKKADA,
KOTTARAKARA,
TRIVANDRUM, PIN - 691507
2ARUN RAJ V.,
AGED 29 YEARS
S/O. VIJAYARAJAN N,
SHANMUGHA VILASAM,
PALAMOODU, AVANOOR,
KOTTARAKARA,
TRIVANDRUM, PIN - 691506
3AMRUTHA RAJ V.,
AGED 32 YEARS
D/O. VIJAYARAJAN N,
NOW RESIDING AT SFS IVY,
FLAT NO. 8B,
KARIMANAL P.O.,
N.H. BYE PASS,
TRIVANDRUM - 695583;
HAVING A PERMANENT ADDRESS AT SHANMUGHA VILASAM,
PALAMOODU,
AVANOOR, KOTTARAKKARA,
TRIVANDRUM, PIN - 691506
BY ADVS.
SAIBY JOSE KIDANGOOR
BENNY ANTONY PAREL
ANOOP SEBASTIAN
PRAMITHA AUGUSTINE
NAZRIN BANU
ADITHYA KIRAN V.E
ADRISYA S.
CRL.MC NO. 4081 OF 2024
2
RESPONDENTS:
1STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2DEEPAK MANI,
AGED 37 YEARS
, S/O. MANI T.K,
THUNDIPARAMBIL HOUSE,
CRRA - 33, CHENDANKULANGARA ROAD,
CHUTTUPADUKARA,
EDAPALLY,
ERNAKULAM, PIN - 682024
BY ADVS.
MAJIDA S
MUHAMMED SUHAIL K.H.(K/001374/2020)
AJIKHAN.M(K/3192/1999)
OTHER PRESENT:
SRI. ASHI. M.C (PP)
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD
ON 08.07.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 4081 OF 2024
3
BECHU KURIAN THOMAS, J.
Crl.M.C. No. 4081 of 2024
Dated this the 8th day of July, 2024
ORDER
Petitioners have invoked the jurisdiction under Section
482 of Code of Criminal Procedure, 1973 to quash all proceedings against them.
4
CRL.MC NO. 4081 OF 2024
[(2012) 10 SCC 303], the Apex Court has held that in appropriate cases, the High 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].
CRL.MC NO. 4081 OF 2024
5
C.C. No. 330 of 2024 on the files of the Judicial First Class
Magistrate’s Court-III, Thiruvananthapuram are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS JUDGE
AJM
CRL.MC NO. 4081 OF 2024
6
APPENDIX OF CRL.MC 4081/2024
PETITIONER ANNEXURES
Annexure A1A TRUE COPY OF THE FINAL REPORT IN
CRIME NO. 165/2024 OF MUSEUM POLICE
STATION, TRIVANDRUM DISTRICT DATED
19.4.2024 IN C.C NO. 330/2024 IN THE
FILES OF JUDICIAL FIRST CLASS
MAGISTRATE COURT-III, TRIVANDRUM
Annexure A2THE ORIGINAL AFFIDAVIT SWORN BY THE
2ND RESPONDENT/DE-FACTO COMPLAINANT
DATED 3.5.2024
1 issue framed by the court
Whether proceedings against the accused should be quashed under Section 482 CrPC on the ground of amicable settlement with 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
2 provisions across 2 enactments
Vijayarajan N.
Arun Raj V.
Amrutha Raj V.
State of Kerala
Deepak Mani
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court