The High Court quashed criminal proceedings against the sole accused arising from a dispute settled amicably with the injured complainants, relying on Supreme Court precedents allowing such quashing in appropriate cases.
All proceedings against the petitioner in C.C. No.564 of 2022 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
MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945
CRL.MC NO. 965 OF 2024
CRIME NO.142/2022 OF Nenmara Police Station, Palakkad
CC NO.564 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS, ALATHUR
PETITIONER/ SOLE ACCUSED :
SABARIGIREESAN AGED 41 YEARS S/O.CHUPPAYYAN, VALLANGY BYE-PASS, NEAR WATER HOUSE, VALLANGY, CHITTUR, PALAKKAD, PIN – 678 508
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/ STATE & DEFACTO COMPLAINANT :
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN – 682 031
2 RAJESH KUMAR @ GIRI AGED 38 YEARS S/O.RAMAKRISHNAN, KUNNATHARA HOUSE, AYINAM PADAM, NEMMARA.P.O, PALAKKAD, PIN – 678 508
3 RAMESH, AGED 38 YEARS S/O.CHANDRAN, THOTTAKULAM HOUSE, AYINAM PADAM, NEMMARA.P.O, PALAKKAD, PIN – 678 508
BY SRI.NOUSHAD K.A., PUBLIC PROSECUTOR BY SRI.UNNI SEBASTIAN KAPPEN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 965 OF 2024
2
BECHU KURIAN THOMAS, J.
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Crl.M.C.No.965 of 2024
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Dated this the 4th day of March, 2024
ORDER
Petitioner has invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against him.
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CRL.MC NO. 965 OF 2024
SCC 303], 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].
This Crl.M.C is allowed as above.
Sd/- BECHU KURIAN THOMAS, JUDGE
RKM
CRL.MC NO. 965 OF 2024
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APPENDIX OF CRL.MC 965/2024
PETITIONER'S ANNEXURES :
| Annexure 1 TRUE C.C. FIRS |
COPY OF TH NO.564/2022 OF T CLASS MAGISTRA |
E FINAL REPORT IN THE COURT OF JUDICIAL TE-I, ALATHUR |
|---|---|---|
| Annexure 2 THE THE FACT |
AFFIDAVIT DATED 2ND RESPONDENT UM OF SETTLEMENT |
29.01.2024 SWORN BY HEREIN EVIDENCING THE |
| Annexure 3 THE THE FACT |
AFFIDAVIT DATED 3RD RESPONDENT UM OF SETTLEMENT |
29.01.2024 SWORN BY HEREIN EVIDENCING THE |
2 issues framed by the court
Whether the High Court can quash criminal proceedings in a compoundable offence case based on amicable settlement between the accused and the victim?
Whether the continuation of proceedings is an exercise in futility given the private nature of the dispute?
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabRelied on¶33
Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] · Who else cites this
Narinder Singh and Others v. State of PunjabReferred¶33
Narinder Singh and Others v. State of Punjab and Another [(2014) 6 SCC 466] · Who else cites this
Yogendra Yadav and Others v. State of JharkhandReferred¶33
Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653] · Who else cites this
2 provisions across 2 enactments
SABARIGIREESAN
STATE OF KERALA
RAJESH KUMAR @ GIRI
RAMESH
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
