The High Court of Kerala dismissed a criminal miscellaneous petition seeking quashment of proceedings under Section 307 IPC. The court held that due to the serious nature of the injuries, the offence is heinous and not compoundable via settlement.
The Crl.M.C is dismissed, effectively denying the quashing of the criminal 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 10TH DAY OF JULY 2024 / 19TH ASHADHA, 1946
CRL.MC NO. 604 OF 2024
CRIME NO.54/2018 OF Ezhukone Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN CP NO.136 OF 2023 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I,KOTTARAKKARA
PETITIONER:
ANANDU @ SACHU
AGED 28 YEARS
S/O OF SATHYAPALAN,
USHA MANTHIRAM,
KAREEPRA VILLAGE,
VAGANADU MURIYIL ELAYAM,,
PIN - 691509
BY ADV SYAM J SAM
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031
2BABU
AGED 53 YEARS
S/O MADHAVAN PILLA,
SREE NILAYAM VEEDU,
ELAYAM, VAKKANADU,
KAREEPRA,
EZHUKONE., PIN - 691509
BY ADV MEERA BABU
OTHER PRESENT:
SRI. ASHI M.C (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 604 OF 2024
2
BECHU KURIAN THOMAS, J.
Crl.M.C. No. 604 of 2024
Dated this the 10th day of July, 2024
ORDER
Petitioner is the accused in Crime No. 54/2018
Ezhukone Police Station, which was committed to the Sessions Court in C.P.No. 136/2020 and is now pending as S.C.No.136/2020.
3
CRL.MC NO. 604 OF 2024
inclusion of Section 307 IPC in the offences alleged, this Court perused the wound certificate. The injuries inflicted on the defacto complainant are serious, and two injuries are seen on the head and one injury on the face, both of which are sufficiently serious, indicating the commission of a heinous offence under Section 307 of IPC.
Hence, this Crl.M.C is dismissed.
Sd/-
BECHU KURIAN THOMAS JUDGE
AJM
CRL.MC NO. 604 OF 2024
4
APPENDIX OF CRL.MC 604/2024
PETITIONER ANNEXURES
Annexure A1THE TRUE COPY OF THE CHARGE SHEET IN
FIR NO: 54/2018 OF EZHUKONE POLICE
STATION, KOLLAM DISTRICT
Annexure A2THEAFFIDAVITSWORNBYTHE
2NDRESPONDENT DATED ON 27TH NOVEMBER
2023
Annexure A3THE TRUE COPY THE ORDER BY THIS
HON'BLECOURTINCRLM.C
NO.10523/2023 DATED ON 5TH DAY OF
JANUARY 2024
3 issues framed by the court
Whether criminal proceedings under non-compoundable Section 307 IPC can be quashed based on a settlement when the injury is serious.
Whether the offence under Section 307 IPC qualifies as a heinous offence precluding quashability via settlement.
Whether the Criminal Miscellainous Case seeking to quash the trial should be dismissed given the nature of the injury.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabExplained¶28
Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] · Who else cites this
Laxmi Narayan v. State of Madhya PradeshExplained¶28
Laxmi Narayan v. State of Madhya Pradesh [(2019) 5 SCC 688] · Who else cites this
3 provisions across 1 enactments
ANANDU @ SACHU
STATE OF KERALA
BABU
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court