Petitioners accused of offences under Sections 294(b), 341, 323 and 324 IPC sought quashing of proceedings on grounds of settlement with defacto complainant. Court verified settlement affidavits, found no public interest involved, and quashed all proceedings.
All proceedings against petitioners in C.C. No.616 of 2018 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
TUESDAY, THE 2ND DAY OF JULY 2024 / 11TH ASHADHA, 1946
CRL.MC NO. 4138 OF 2024
CRIME NO.1008/2018 OF Chavara Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.616 OF 2018 OF JUDICIAL
FIRST CLASS MAGISTRATE COURT, CHAVARA
PETITIONERS:
1LEJU
AGED 36 YEARS
S/O.JEROME,
LEVIN VILLAYIL,
CHERUSSERI BAGAM MURIYIL,
CHAVARA VILLAGE,
KOLLAM, PIN - 691583
2RUSEWELT @ JOY
AGED 59 YEARS
S/O. JAMES,
NADUVILEZHATHU VEETTIL,
CHERUSSERI BAGAM MURIYIL,
CHAVARA VILLAGE,
KOLLAM, PIN - 691583
3PRAVEEN
AGED 36 YEARS
S/O. CLEETAS,
NADUVILEZHATHU VEETTIL,
CHERUSSERI BAGAM MURIYIL,
CHAVARA VILLAGE,
KOLLAM, PIN - 69158
BY ADV E.C.AHAMED FAZIL
RESPONDENTS:
1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2THE STATION HOUSE OFFICER,
CHAVARA
CHAVARA POLICE STATION,
SHANGARAMANGALAM,
KOLLAM, PIN - 691583
3PATHROSE
AGED 56 YEARS
S/O.FRANCIS,
CRL.MC NO. 4138 OF 2024
2
ALEN DALE,
KULANGARA BHAGOM,
CHAVARA P.O.,
CHAVARA VILLAGE,
KOLLAM DISTRICT,
PIN - 691583
4ALBIN
AGED 22 YEARS
S/O. PATHROSE,
ALEN DALE,
KULANGARA BHAGOM,
CHAVARA P.O.,
CHAVARA VILLAGE,
KOLLAM DISTRICT, PIN - 691583
5ALEN
AGED 25 YEARS
S/O. PATHROSE,
ALEN DALE,
KULANGARA BHAGOM,
CHAVARA P.O.,
CHAVARA VILLAGE,
KOLLAM DISTRICT,
PIN - 691583
BY ADV ARJUN SURESH B.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 02.07.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
CRL.MC NO. 4138 OF 2024
3
BECHU KURIAN THOMAS, J.
Crl.M.C. No. 4138 of 2024
Dated this the 2nd 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. 4138 OF 2024
learned Public Prosecutor.
5
CRL.MC NO. 4138 OF 2024
impediment for granting the prayer for quashing. The continuance of the proceedings will only be an exercise in futility.
in C.C. No.616 of 2018 on the files of the Judicial First
Class Magistrate’s Court, Chavara are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS JUDGE
AJM
CRL.MC NO. 4138 OF 2024
6
APPENDIX OF CRL.MC 4138/2024
PETITIONER ANNEXURES
Annexure A1TRUE COPY OF THE FINAL REPORT DATED
22.11.2018 IN CRIME NO. 1008 OF 2018
OF CHAVARA POLICE STATION, KOLLAM
DISTRICT ALONG WITH MEMORANDUM OF
EVIDENCE
Annexure A2AFFIDAVIT DATED 16.4.2024 SWORN BY
THE RESPONDENT NO. 3
Annexure A3AFFIDAVIT DATED 16.4.2024 SWORN BY
THE RESPONDENT NO. 4
Annexure A4AFFIDAVIT DATED 16.4.2024 SWORN BY
THE RESPONDENT NO. 5
1 issue framed by the court
Whether criminal proceedings in a non-compoundable case should be quashed under Section 482 CrPC when the parties have amicably settled the dispute and affidavits confirm the settlement.
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
Leju
Rusewelt @ Joy
Praveen
State of Kerala
The Station House Officer, Chavara Police Station
Pathrose
Bechurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Bechurian Thomas
Parties & counsel