Accused sought quashing of proceedings in a private dispute involving wrongful restraint, obscene words and damage to car under Sections 294(b), 341 and 427 IPC, on the basis of a settlement with the defacto complainant. Relying on settled-law precedents, the High Court found the matter amicably resolved and quashed all proceedings.
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
WEDNESDAY, THE 21ST DAY OF FEBRUARY 2024 / 2ND PHALGUNA, 1945
CRL.MC NO. 50 OF 2024
CRIME NO.1350/2020 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM
IN CC 211/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,
ERNAKULAM
PETITIONER/ACCUSED:
TONY K J
AGED 43 YEARS
KUNNAPPILLY VEEDU,
H NO. 131/16, PANAMBUKADU P.O,
VALLARPADAM, MULAVUKAD,
ERNAKULAM, ERNAKULAM DISTRICT, PIN – 682504
BY ADVS.
VISHNU CHANDRAN
APOORVA RAMKUMAR
RESPONDENTS/DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 6820312SHAIJU KHALID
AGED 47 YEARS
S/O. P V KHALID,
H NO. 18/1990, PRETHEEKSHA NAGAR,
THOPPUMPADY VILLAGE,
ERNAKULAM, PIN – 682005
BY ADVS.
IEANS.C.CHAMAKKALA
K.SUJITH (THURAVOOR)(K/133/2016)
Crl.M.C.No.50 of 2024
-:2:-
OTHER PRESENT:
SMT. SREEJA.V,
PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.M.C.No.50 of 2024
BECHU KURIAN THOMAS, J.
Crl.M.C.No.50 of 2024
Dated this the 21st day of February, 2024
ORDER
Petitioner has invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against him.
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Crl.M.C.No.50 of 2024
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS JUDGE
Jka/21.02.24.
Crl.M.C.No.50 of 2024
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APPENDIX OF CRL.MC 50/2024
PETITIONER’S ANNEXURES
Annexure 1CERTIFIED COPY OF THE FIR AND FIS DATED
07.09.2020 IN CRIME NO. 1350/2020 OF
ERNAKULAMCENTRALPOLICESTATION,
ERNAKULAM DISTRICT.
Annexure 2CERTIFIED COPY OF THE FINAL REPORT DATED
20.09.2020 IN CC 211/2021 ON THE FILES OF
JUDICIAL FIRST CLASS MAGISTRATE COURT II,
ERNAKULAM.
Annexure 3AFFIDAVIT DATED 15.12.2023 SWORN BY THE
SECOND RESPONDENT/DEFACTO COMPLAINANT.
1 issue framed by the court
Whether criminal proceedings for offences under Sections 294(b), 341 and 427 IPC should be quashed on settlement between the accused and the defacto complainant?
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherFollowed¶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
Tony K J
State of Kerala represented by Public Prosecutor
Shaiju Khalid
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court