The High Court quashed criminal proceedings against the petitioner under Sections 143, 147, 149, 341, 323, and 384 IPC based on a settlement affidavit filed by the complainant, finding no public interest in continuing the trial.
All criminal proceedings against the petitioner in C.C.No.571/2023 are 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
FRIDAY, THE 19TH DAY OF JULY 2024 / 28TH ASHADHA, 1946
CRL.MC NO. 4401 OF 2023
CRIME NO.180/2006 OF VATTIYOORKAVU POLICE STATION, THIRUVANANTHAPURAM
IN LP NO.30 OF 2020 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -II,NEDUMANGAD
NOW PENDING AS C.C.NO.571/2023 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, NEDUMANGAD
PETITIONER/PETITIONER IN CRL.M.C:
VINU @ BINU
AGED 49 YEARS
S/O. SASIDHARAN,
BINDU BHAVAN, PANDIYODE,
IRUMPA, ARUVIKKARA P.O.,
THIRUVANANTHAPURAM, PIN – 695564
BY ADVS.
D.KISHORE
MEERA GOPINATH
R.MURALEEKRISHNAN (MALAKKARA)
RESPONDENTS/RESPONDENTS IN CRL.M.C:
1 STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN – 6820312 THE SUB INSPECTOR OF POLICE VATTIYOORKAVU POLICE STATION, THIRUVANANTHAPURAM DISTRICT, PIN – 6950133 REGHUVARAN AGED 65 YEARS S/O. NANUKUTTAN, KUTTANTHAZHATHUVEETTILCrl.M.C.No.4401 of 2023
-:2:-
OPP. MANNARAKONAM PETROL PUMP, VATTIYOORKAVU WARD, PEROORKADA VILLAGE, THIRUVANANTHAPURAM, PIN – 695005
BY ADVS.
PUBLIC PROSECUTOR
TOM E. JACOB
OTHER PRESENT:
SRI. ASHI M.C,
PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.4401 of 2023
-:3:-
BECHU KURIAN THOMAS, J.
Crl.M.C.No.4401 of 2023
Dated this the 19th day of July, 2024
ORDER
Petitioner has invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against him.
Crl.M.C.No.4401 of 2023
-:4:-
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS JUDGE
Jka/19.07.24.
Crl.M.C.No.4401 of 2023
-:5:-
APPENDIX OF CRL.MC 4401/2023
PETITIONER’S ANNEXURES
Annexure-ICERTIFIED COPY OF THE FINAL REPORT IN
CRIME 180/2006 OF VATTIYOORKAVU POLICE
STATION PENDING AS L.P. 30/2020 OF JFMC-
II, NEDUMANGADU
Annexure -IITRUE COPY OF THE AFFIDAVIT DATED 2.6.2023
EXECUTED BY THE 3RD RESPONDENT BEFORE
NOTARY PUBLIC
2 issues framed by the court
Whether proceedings can be quashed under Section 482 Cr.P.C. upon settlement of the dispute.
Whether continuation of criminal proceedings serves any public interest given the nature of offences and settlement.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherRelied on¶37
[(2012) 10 SCC 303] · Who else cites this
Narinder Singh and Others v. State of Punjab and AnotherRelied on¶37
[(2014) 6 SCC 466] · Who else cites this
Yogendra Yadav and Others v. State of Jharkhand and AnotherRelied on¶37
[(2014) 9 SCC 653] · Who else cites this
2 provisions across 2 enactments
Vinu @ Binu
State of Kerala
The Sub Inspector of Police Vattiyoorkavu Police Station, Thiruvananthapuram District
Reghuvan
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court