Fourth accused sought quashing of trial proceedings after settling the dispute with the defacto complainant. Relying on Apex Court precedents on settlement-based quashing, the court verified the complainant's affidavit and quashed proceedings.
All proceedings against petitioner in SC No.728/2020 quashed; Crl.M.C. allowed.
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 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
CRL.MC NO. 4168 OF 2024
CRIME NO.690/2008 OF Attingal Police Station, Thiruvananthapuram SC NO.728 OF 2020 OF ASSISTANT SESSIONS COURT/ADDITIONAL SUB
COURT, ATTINGAL
PETITIONER/ 4TH ACCUSED :
BABU RAJ AGED 41 YEARS S/O. BABU, BABUJI NIVAS, SASTHA NAGAR, SASTHAVATTOM, AZHOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN – 695 305
BY ADV LATHEESH SEBASTIAN
RESPONDENT/ STATE/ COMPLAINANT & INJURED :
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT, PIN - 695101 3 ANILKUMAR AGED 52 YEARS S/O. GOPI, THEKKEVILAVEEDU, CHEMBAKAMANGALAM, KORANI, VEILOOR VILLAGE, THIRUVANANTHAPURAM, PIN – 695 302
BY SMT.SREEJA V., PUBLIC PROSECUTOR BY SMT. NEETHU S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 4168 OF 2024
2
BECHU KURIAN THOMAS, J.
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Crl.M.C.No.4168 of 2024
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Dated this the 11th day of June, 2024
ORDER
Petitioner has invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against him.
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CRL.MC NO. 4168 OF 2024
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].
of 2020 on the files of the Assistant Sessions Court, Attingal are quashed. This Crl.M.C is allowed as above.
Sd/- BECHU KURIAN THOMAS, JUDGE
RKM
CRL.MC NO. 4168 OF 2024
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APPENDIX OF CRL.MC 4168/2024
PETITIONER'S ANNEXURES :
Annexure 1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO 690/2008 OF ATTINGAL POLICE STATION Annexure 2 ORIGINAL OF THE AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT DATE 16.04.2024
1 issue framed by the court
Can proceedings under Section 482 CrPC be quashed following settlement between the accused and 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
Babu Raj
State of Kerala
Station House Officer, Attingal Police Station
Anilkumar
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
