Cross FIRs between two families over the same occurrence were sought to be quashed under Section 482 CrPC. De facto complainants filed affidavits confirming amicable settlement and the Public Prosecutor conceded. Holding the offences not serious, the High Court quashed both FIRs and further 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 A. BADHARUDEEN
MONDAY, THE 1ST DAY OF APRIL 2024 / 12TH CHAITHRA, 1946
CRL.MC NO. 5471 OF 2020
CRIME NO.2733/2020 OF KARUNAGAPALLY POLICE STATION, KOLLAM
PETITIONER/ACCUSED:
HARIKUMAR
AGED 24 YEARS
S/O.SHIVAKUMAR, MAVELI VEETIL, AYANITHEKKU MURY,
AYANIVELIKULANGARA VILLAGE, KARUNAGAPPALLY, KOLLAM
DISTRICT-690 573.
BY ADV K.B.SAJAN
RESPONDENTS/COMPLAINANT & DE FACTO COMPLAINANT:
1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682 031.
2SHRUTHY ANI
AGED 29 YEARS
W/O.ANIMON, NADUVATHUSHERI VEEDU, AYANITHEEKKU MURI,
KARUNAGAPPALLY, KOLLAM DISTRICT, KERALA, PIN-690 573.
R1 BY PUBLIC PROSECUTOR SMT.NIMA JACOB
R2 BY ADV S.JAYAKRISHNAN (KARUNAGAPPALLY)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.04.2024 ALONG WITH CRL.M.C.NO.5480 OF 2020, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
CRL.MC NOS. 5471 OF 2020 & CRL.MC NO. 5480 OF 2020 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
MONDAY, THE 1ST DAY OF APRIL 2024 / 12TH CHAITHRA, 1946
CRL.MC NO. 5480 OF 2020
CRIME NO.2734/2020 OF KARUNAGAPALLY POLICE STATION,
KOLLAM
PETITIONERS/ACCUSED 1 & 2:
1 RAJUAGED 62 YEARS
S/O. SUNDARESHAN, NADUVATHUSHERI VEEDU,
AYANITHEEKKU MURI, KARUNAGAPPALLY, KOLLAM
DISTRICT, KERALA,
PIN-690 573.
2ANIMON
AGED 36 YEARS
S/O. RAJU, NADUVATHUSHERI VEEDU, AYANITHEEKKU
MURI, KARUNAGAPPALLY, KOLLAM DISTRICT, KERALA,
PIN-690 573.
BY ADV S.JAYAKRISHNAN (KARUNAGAPPALLY)
RESPONDENTS/COMPLAINANT & DE FACTO COMPLAINANT:
1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031.
2LAKSHMI SHIVAKUMAR
AGED 28 YEARS
D/O. SHIVAKUMAR, MAVELI VEETIL, AYANITHEEKKU
MURI, KARUNAGAPPALLY, KOLAM DISTRICT, KERALA,
PIN-690 573.
R1 BY SR.PUBLIC PROSECUTOR SRI.RENJITH GEORGE
R2 BY ADV K.B.SAJAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 01.04.2024 ALONG WITH CRL.M.C.NO.5471 OF
2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NOS. 5471 OF 2020 &
CRL.MC NO. 5480 OF 2020 3
COMMON ORDER
Dated this the 1st day of April, 2024
These Criminal Miscellaneous Cases have been filed under Section 482 of the Code of Criminal Procedure.
Annexure A1 FIR in Crime No.2733/2020 of Karunagappally Police Station and its further proceedings. In Crime No. 2733/2020, the prosecution alleges commission of offences punishable under Sections 294(b) and 354(c) of the Indian Penal Code as well as under Section 119(b) of the Kerala Police Act, 2011.
Annexure A1 FIR in Crime No.2734/2020 of Karunagappally Police Station and its further proceedings. In Crime No. 2734/2020, the prosecution alleges commission of offences punishable under
CRL.MC NOS. 5471 OF 2020 & CRL.MC NO. 5480 OF 2020 4
Sections 451, 294(b), 323, 354 r/w Section 34 of the Indian Penal Code.
In the result, these Criminal Miscellaneous Cases stand allowed. Annexure A1 FIR in Crime No.2733/2020
CRL.MC NOS. 5471 OF 2020 &
CRL.MC NO. 5480 OF 2020 5
of Karunagappally Police Station and Annexure A1 FIR in Crime No.2734/2020 of Karunagappally Police Station, and the proceedings thereof, stand quashed.
Sd/- A. BADHARUDEEN JUDGE
Bb
CRL.MC NOS. 5471 OF 2020 &
CRL.MC NO. 5480 OF 2020 6
APPENDIX OF CRL.MC 5471/2020
PETITIONER’S ANNEXURES
ANNEXURE A1CERTIFIED COPY OF FIR IN CRIME NO.2733/2020
OF KARUNAGAPPALLY POLICE STATION.
ANNEXURE A2AFFIDAVITDATED13.11.2020OF2ND
RESPONDENT.
ANNEXURE A3CERTIFIED COPY OF FIR IN CRIME NO.2733/2020
OF KARUNAGAPALLY POLICE STATION, KOLLAM.
ANNEXURE A4CERTIFIED COPY OF FINAL REPORT IN CRIME
NO.2733/2020 OF KARUNAGAPALLY POLICE
STATION, KOLLAM.
RESPONDENTS’ ANNEXURES : NIL
CRL.MC NOS. 5471 OF 2020 &
CRL.MC NO. 5480 OF 2020 7
APPENDIX OF CRL.MC 5480/2020
PETITIONERS’ ANNEXURES
ANNEXURE A1CERTIFIED COPY OF FIR IN CRIME
NO.2734/2020 OF KARUNAGAPALLY POLICE
STATION.
ANNEXURE A2AFFIDAVIT DATED 13.11.2020 OF 2ND
RESPONDENT.
ANNEXURE A3CERTIFIED COPY OF FIR IN CRIME
NO.2734/2020 OF KARUNAGAPALLY POLICE
STATION, KOLLAM.
ANNEXURE A4CERTIFIED COPY OF FINAL REPORT IN
CRIME NO.2734/2020 OF KARUNAGAPALLY
POLICE STATION, KOLLAM.
RESPONDENTS’ ANNEXURES :NIL
1 issue framed by the court
Whether cross-cases arising from the same occurrence should be quashed under Section 482 CrPC when the parties have amicably settled.
4 provisions across 3 enactments
HARIKUMAR
STATE OF KERALA
SHRUTHY ANI
RAJU
ANIMON
LAKSHMI SHIVAKUMAR
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court