Accused in an assault case sought quashing after settlement with the de facto complainant and injured witnesses. Verified affidavits confirmed the settlement, so the court quashed all proceedings in C.C.No.1314/2020.
All proceedings against petitioners in C.C.No.1314/2020 (JFMC Vatakara) 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
TUESDAY, THE 5TH DAY OF MARCH 2024 / 15TH PHALGUNA, 1945
CRL.MC NO. 8503 OF 2023
CRIME NO.338/2020 OF VADAKARA POLICE STATION, KOZHIKODE
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1314 OF 2020 OF JUDICIAL
MAGISTRATE OF FIRST CLASS,VADAKARA
PETITIONER/ACCUSED :
1GOPALAN, AGED 65 YEARS
S/O BERAN, NELLIYULLA PARAMBATH (H), THURUTHI,
THIRUVALLUR P.O, VATAKARA TALUK,
KOZHIKODE DISTRICT., PIN – 673 541.
2GILESH, AGED 36 YEARS
S/O GOPALAN, NELLIYULLA PARAMBATH (H), THURUTHI,
THIRUVALLUR P.O, VATAKARA TALUK,
KOZHIKODE DISTRICT., PIN – 673 541.
BY ADVS.
B.MUHAMMED SHAHEEL
KEERTHI VIJAYAN
R.N.SANDEEP
RESPONDENT/STATE :
1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031.
2ASWANTH, AGED 22 YEARS
S/O BABU, PUTHAN PURAYIL (H),
THIRUVALLUR P.O, VATAKARA TALUK,
KOZHIKODE DISTRICT., PIN – 673 541.
3SUVISHNU, AGED 25 YEARS
S/O SURESH, PANAYULLA PARAMBATH (H),
THURUTHI, THIRUVALLUR P.O,
VATAKARA TALUK,
KOZHIKODE DISTRICT., PIN – 673 541.
4MIDHUN RAJ, AGED 25 YEARS
S/O LATE RAJAN, NELLIYULLA PARAMBATH (H),
THURUTHI, THIRUVALLUR P.O,
VATAKARA TALUK,
KOZHIKODE DISTRICT., PIN - 673541
BY ADV RANGEETH G.S
SRI. M.C. ASHI (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 8503 OF 2023
2
BECHU KURIAN THOMAS, J
......….............................................
…................................................
Dated this the 5th day of March, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to
quash all proceedings against them.
for the respondents, apart from the learned Public Prosecutor.
CRL.MC NO. 8503 OF 2023
3
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].
CRL.MC NO. 8503 OF 2023
4
the proceedings will only be an exercise in futility.
Accordingly, all proceedings against the petitioners in
C.C.No.1314/2020 on the files of the Judicial First Class Magistrate Court, Vatakara, are quashed.
This Crl.M.C is allowed as above.
sd/BECHU KURIAN THOMAS JUDGE
AMV/06/03/2024
CRL.MC NO. 8503 OF 2023
5
APPENDIX OF CRL.MC 8503/2023
PETITIONER ANNEXURES
ANNEXURE A1 |
THE TRUE COPYNO. 338/2020PENDING BEFOMAGISTRATE COU |
OF THE FINAL REPORT IN CRIMEOF VATAKARA POLICE STATIONRE JUDICIAL FIRST CLASSRT, VATAKARA AS CC 1314/2020. |
|---|---|---|
ANNEXURE A2 |
THE AFFIDAVITDATED 10.10.20 |
SWORN BY THE RESPONDENT NO.223. |
ANNEXURE A3 |
THE AFFIDAVITDATED 10.10.20 |
SWORN BY THE RESPONDENT NO.323. |
ANNEXURE A4 |
THE AFFIDAVITDATED 10.10.20 |
SWORN BY THE RESPONDENT NO.423. |
TRUE COPY
1 issue framed by the court
Whether proceedings against the petitioners in a settled assault case can be quashed under Section 482 Cr.P.C.
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
Gopalan
Gilesh
State of Kerala
Aswanth
Suvishnu
Midhun Raj
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Bechu Kurian Thomas
Parties & counsel