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Sudheesh Babu – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. accused charged under ipc and sc/st act. (Para 1 , 2) |
| 2. affidavit indicates resolution between parties. (Para 4 , 5) |
| 3. seriousness of injuries impacts legal proceedings. (Para 6 , 10) |
| 4. criteria for quashing non-compoundable offenses clarified. (Para 9 , 11 , 13) |
| 5. quashment allowed post-investigation depending on evidence. (Para 12 , 14) |
| 6. dismissal of quashment petition and directions for surrender. (Para 16 , 17) |
ORDER :
A.Badharudeen, J.
The petitioner in the above Crl.M.Cs is the sole accused in Crime No.280 of 2022 of Thirurangadi Police Station, where he alleged to have committed offences under Sections 324 and 307 of Indian Penal Code (hereinafter referred to as `IPC' for convenience) as well as under Sections 3(1)(s), 3(2) (va) of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 2015 (hereinafter referred to as the `SC/ST Act' for short). Crl.M.C No.684 of 2022 has been filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as `Cr.P.C' for short) to quash Annexure 2 order dated 20.09.2022 rejecting release of car bearing Registration No.KL 65 P 0790 involved in the above crime.
2. Crl.M.C.No.5431 of 2022 has bee
(1) Compounding of offence – Quashing of offence or criminal proceedings on the ground of settlement between an offender and victim is not the same thing as compounding of offence.(2) Mere mention of....
The distinction between compounding offences and quashing proceedings is crucial; quashing may be warranted even for non-compoundable offences if a settlement exists.
Quashing FIRs under Section 482 Cr.P.C. for non-compoundable offences like Section 307 IPC is discretionary and requires a balance between justice for the individual and societal interests.
The main legal point established in the judgment is the principles for quashing criminal proceedings based on compromise, considering the nature of the offences, societal impact, and the possibility ....
The court ruled that serious offences under IPC, such as Section 307, cannot be quashed based on compromise, emphasizing the distinction between quashing and compounding offences.
High Court cannot quash non-compoundable offences based on a compromise when they have serious implications for society; public interest mandates prosecuting such violations.
Criminal Law – Offence of Attempt to Murder – Sought for quash of FIR – Amicable Settlement between parties - Criminal proceedings for offence under Section 307 IPC and/or the Arms Act, etc. which ha....
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