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Indian Court Judgements Archive

Public, crawlable legal index containing extracted Indian judgments, bench details, statutory citations, and full case text.

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High Court of Kerala
CRL.MC NO. 8821 OF 2023

CRL.MC NO. 8821 OF 2023 (Criminal Miscellaneous Case)

This Kerala High Court Criminal Miscellaneous Case concerns the legality of proceeding under Section 26 of the Juvenile Justice (Care and Protection of Children) Act, 2000 against a petitioner accused of employing a 15-year-old juvenile in a Cheranalloor hotel. The offence reportedly occurred on 24 April 2014, during a routine patrol by the Anti-Human Trafficking Unit, when a minor was found employed and performing tasks like cleaning tables and washing vessels. The petitioner’s counsel argued that employment of children above 14 years in non-hazardous activities is not prohibited, citing Vinod S. Panicker v. Sub Inspector of Police and Faisal v. State of Kerala. The Public Prosecutor maintained the charge under Section 26, which criminalizes exploitation of juveniles for hazardous employment, including keeping them in bondage and withholding earnings. After examining the juvenile’s statement and the Final Report, the court noted the work described did not appear hazardous and there was insufficient detail on wages. It relied on the cited precedents to hold that non-hazardous work by a juvenile above 14 cannot fall within Section 26. The court discussed Article 23 and 24 of the Constitution and other statutory schemes (Child Labour Act, Mines Act, Factories Act) to contextualize protections for children. Ultimately, the court quashed the proceedings under Section 26 against the petitioner, granting relief in this Crl.M.C.

High Court of Kerala
MACA No.2726 of 2009

Abdul Naizam Maliyakkal v. P.M. Abdulla & Oriental Insurance Co. Ltd.

The appellant, Abdul Naizam Maliyakkal, filed MACA No.2726 of 2009 before the Kerala High Court, challenging the quantum of compensation awarded by the Motor Accidents Claims Tribunal at Kozhikode in O.P.(MV)No.2980/2001 for injuries sustained in a road accident on 21.04.2001 when a car struck his motorcycle. The Tribunal held the driver negligent, and while confirming insurance coverage, awarded Rs.2,68,818 with 7% interest from 26.08.2001 and costs Rs.1,000. The appellant challenged the quantum, contending that medical expenses were underestimated and losses for earnings were not properly computed. He produced medical bills (Exts.A18–A21) totaling Rs.3,72,900 and a salary certificate (Ext.A15) from the UAE showing net salary of 3,500 Dirhams plus Rs.750 perks. The High Court, relying on Ext.A15 and related authorities, accepted the salary certificate and re-calculated several heads: it increased medical expenses to Rs.3,72,900 and computed five months’ loss of earnings as Rs.1,75,000, fixing the net income at Rs.35,000 per month. The Court found other heads (pain, amenities, incidental charges, etc.) reasonable and, on overall re-appreciation, enhanced the compensation by Rs.3,75,662. The appeal was allowed in part with 7% interest on the enhanced amount from the petition date, with costs, and directions for deposit and disbursement by the Tribunal.

High Court of Kerala
CRL.MC NO. 9273 OF 2023

Daisy Peter and Santosh v. The State of Kerala and Others

This Criminal Miscellaneous Case under Section 482 Cr.P.C. arises from Crime No.323/2016 of Fort Kochi Police Station, and pertains to SC No.476/2018 before the Assistant Sessions Court, Kochi. The petitioners, Daisy Peter and K.A. Santosh, are accused of offences under IPC Sections 341 (wrongful restraint), 323 (causing hurt), and 294(b) read with 34 (obscenity in public) in relation to the alleged incident. The prosecution contends that the accused wrongfully confined the victim, assaulted her, and used obscene language. The petitioners seek quashing the proceedings on the ground that the dispute has been settled, supported by affidavits from the victims; the victims also oppose continuing the prosecution. The Public Prosecutor, while reserving his opinion, concedes that settlement exists. The High Court, invoking the Supreme Court’s decisions in Laxmi Narayan and Others v. State of MP and Others (2019) and the earlier Gian Singh and Narinder Singh decisions, notes that the power under S.482 Cr.P.C. to quash non‑compoundable offences can be exercised where the dispute is civil/private, the parties have settled, and the consequences do not adversely affect society. It also stresses that offences of a heinous nature or under special statutes are not to be quashed, and that factors such as antecedents and conduct may be considered. Finding the dispute private and the settlement genuine, the court allows the petition and quashes all further proceedings in SC No.476/2018. The order consolidates the Laxmi Narayan doctrine on quashing private, settled offences while safeguarding public interest.

High Court of Kerala
CRL.M.C NO. 4099 OF 2022; CRL.M.C NO. 4102 OF 2022

Crl.M.C Nos. 4099 & 4102 of 2022 (Vishnu Suresh v State of Kerala & Ambady v State of Kerala)

Two connected Criminal Miscellaneous Cases before the Kerala High Court (Ernakulam) concern quashing of criminal proceedings in SC Nos. 1356/2021 and 356/2021 before the Assistant Sessions Court, Perumbavoor. The petitioners seek exercise of the inherent powers under Section 482 CrPC on the basis of a private settlement, arguing there is no grievance left to the victims and the dispute has been resolved amicably. The respondents include the State represented by the Public Prosecutor and Rajeshmon K.V. The Court notes that the offences include an alleged attempt to commit murder under Section 307 IPC and arms offences, which are serious in nature, yet discerns that the overarching public interest may permit quashing where the dispute is private, the parties have settled, and there is no ongoing grievance. Relying on the Supreme Court decisions in State of Madhya Pradesh v. Laxmi Narayan (2019) 5 SCC 688 and the precedents Gian Singh v. State of Punjab (2012) 10 SCC 303 and Narinder Singh v. State of Punjab (2014) 6 SCC 466, the High Court outlines the criteria for exercising 482 CrPC in non‑compoundable offences involving private disputes. On this basis, the Court holds that the disputes are private, the settlements are valid, and the proceedings in both SC Nos. 1356/2021 and 356/2021 are quashed, thereby ending the related prosecutions.

High Court of Kerala
WP(C) NO. 17787 OF 2023

Angel P. and Others v. State of Kerala and Others

The High Court of Kerala at Ernakulam heard WP(C) No. 17787 of 2023 filed by a batch of former Anganwadi Workers and Helpers (AWW/AWH) from Perayam Panchayat, Kollam, who allege denial of pension or gratuity after decades of service. The petitioners contended that their service, though rendered on honorarium postings rather than substantive posts, should attract pensionary benefits and gratuity in light of the Supreme Court's declarations in Maniben Manganbhai Bhariya v. District Development Officer, Dahod & Ors (Air 2022 SC 2119). The respondents argued that the positions were honorarium and not regular posts, and that pension had already been provided under a separate scheme, rendering the grievance moot with respect to gratuity. The court, after considering Exts. P1 and P2 and the parties' submissions, refrained from deciding the merits at this stage and held that Ext. P3 representation should be considered by the second respondent in accordance with law after hearing the petitioners. The judge directed the second respondent to process Ext. P3, hear the petitioners, and issue orders within three months from receipt of a certified copy of the judgment; if any amounts are found due, they should be paid within a further three months. The court stressed that the merits remain open for later adjudication by the competent authority and did not adjudicate on the underlying claims, reserving the decision to the wealth of law governing pension and gratuity for AWW/AWH.

High Court of Kerala
CRL.MC NO.4913 OF 2023

CRL.MC No. 4913 of 2023 – Viveksnair, Sunil Kumar, Maheshvenu and Vishnu (Accused) v. State of Kerala & Others

This Criminal Miscellaneous Case (CRL.MC No. 4913 of 2023) comes up before a single-judge bench of the Kerala High Court (Honourable Justice Raja Vijayaraghavan V) on 01 August 2023. The four petitioners, accused Nos. 1 to 4 in Crime No. 541 of 2023 of the Adoor Police Station, Pathanamthitta, seek invocation of the inherent powers under Section 482 CrPC to quash the criminal proceedings arising from alleged offences under Sections 323, 324, 326 read with Section 34 IPC. The prosecution claims that on 03.05.2023, the petitioners restrained and assaulted the respondents, causing injuries, in furtherance of a common intention. Counsel for the petitioners submits that the dispute has been amicably settled and both sides wish to end the prosecution, relying on affidavits from the respondents in support. The Public Prosecutor, while reserving his opinion, notes no other pending serious crime against the petitioners and that the respondents do not have lasting grievances. The court relies on State of M.P. v. Laxmi Narayan and the law laid down in Gian Singh and Narinder Singh via that decision, to examine whether private, non-compoundable offences with a civil character may be quashed upon settlement. After weighing the gravity of the offense, injuries, and the settled relationship, the court concludes that quashing will not adversely affect society and would promote peace and ends of justice. Consequently, the petition is allowed and Annexure-A1 FIR, along with all further proceedings, is quashed.

High Court of Kerala
WA Nos.1357, 1358 & 1359 of 2022

W.A Nos.1357, 1358 & 1359 of 2022

This is a triad of writ appeal petitions (W.A. Nos. 1357, 1358 and 1359 of 2022) challenging a common judgment of a learned Single Judge of the Kerala High Court, dated 27 July 2022, in WP(C) Nos. 16100, 16107 and 16116 of 2022. The petitions arise from refusals by the Thalassery Municipality to grant building permits for residential/commercial construction on land within its limits, on the ground that a road-widening proposal under the Development Plan for Tellichery/Thalassery Town Variation 2007 would encroach on the land. The learned Single Judge held that the lands in question were not designated for compulsory acquisition and that Section 67 of the Kerala Town and Country Planning Act, 2016 (Act 2016) did not apply since no acquisition was being pursued, disposing of the petitions accordingly. The appellants contend that designation for road formation constitutes designation for acquisition, and that a failure by the Municipality to respond to Purchase Notices within the statutory period triggers consideration of building permits under the 1994 Kerala Municipality Act and 2019 Building Rules, de hors the outdated plan. The Division Bench reverses the- Single Judge, holding that earmarking for road creation under the 2007 plan amounts to designation of land for the scheme, and that the Municipality must proceed to consider permits under the applicable statutes without being fettered by the old plan, directing the Secretary to decide within one month.

High Court of Kerala
CRL.A No. 704 of 2020

Thomas Augustine v. Jayakumar E.A. and The State of Kerala

Thomas Augustine, complainant and President of the SBI Officers Housing Development Co-operative Society Ltd, filed NI Act Section 138 proceedings against Jayakumar E.A. The complaint relates to a transaction in which the Society paid Rs 20 lakhs to purchase land; the accused later retracted from the deal. Ext. P3 was a signed cheque for Rs 21,40,000 issued to discharge the liability of the complainant and other members; the cheque was dishonoured on presentation and statutory notice was sent. The trial court acquitted the accused under Section 255(1) Cr.P.C. on the grounds that the genuineness of the transaction and the signature were doubtful, and that the liability was only Rs 20 lakhs while the cheque amount exceeded that figure. The appellate court heard arguments that presumption under Sections 118 and 139 NI Act attached by the admission of Ext. P3 and that a signed blank cheque or an arrangement on behalf of others could support a conviction; reliance was placed on Bir Singh and Kalamani Tex to show that a blank cheque could trigger the presumption. The respondents challenged the appellant’s claim, contending there was no proof that the appellant acted as President or that the Society had decided to purchase the land. The court agreed that the payee could accept on behalf of others if authorized (Sunil K.J.), but found no documentary proof of authorization or the Society’s decision. The court held there is no reason to interfere with the trial court’s acquittal and dismissed the appeal.

High Court of Kerala
LA.App. 97/2021 (also CO Nos. 143/2021; 40/2023)

Premchand S/o Vijayan v. State of Kerala and others (LA.AA No. 97/2021 and batch)

This Kerala High Court appeal concerns land acquired for Coast Guard infrastructure at Angamaly, involving Premchand (through a power of attorney holder) as the claimant and the State of Kerala along with Coast Guard Air Enclave Kochi and Defence Estate Officer as respondents. The dispute centers on the determination of market value of 8.10 acres acquired under the urgency provisions of the Land Acquisition Act, 1894, and the applicability of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (the 2013 Act). The appellant contends that higher land value should be awarded based on sale deeds (Exhibits A2 and A3) showing values around Rs. 8,40,336–8,41,019 per Are and that Exhibit A5 fixes fair value at Rs. 8,40,000 per Are, which should be adopted under Section 26 of the 2013 Act. He also seeks an enhanced compensation under Section 40(5) due to the urgency of acquisition under Section 17 of the 1894 Act. The respondents challenge the authenticity of Exhibit A2, contend Nilam (wetland) status versus reclaimed land in the sale deeds, and argue that Section 40(5) relief is unavailable since no proceedings under Section 40 were initiated. The court ultimately allows the appeal in part, fixing land value at Rs. 8,40,000 per Are and dismisses cross-objections, with other directions upheld.

High Court of Kerala
WP(C) No. 37283 of 2023

Gopakumar P. v. Travancore Devaswom Board and others

The petitioner, a devotee of Thrippapoor Major Sree Mahadevar Temple under the Travancore Devaswom Board, filed this writ petition under Article 226 seeking mandamus to direct respondents 1 to 4 to conduct an audit of the Temple Advisory Committee’s accounts and to take action on Ext.P6, the Vigilance report dated 15.08.2023, submitted before the Chief Vigilance and Security Officer (SP). The matter traces to a prior W.P.(C) No. 20753 of 2023, in which the Temple Advisory Committee and its president and secretary were respondents; Ext.P6 arose following an enquiry ordered as a consequence of that judgment. The petitioner alleges serious irregularities in the Temple administration and seeks corrective measures, including audit and action on the Vigilance report. The court recalls Rule 148 of the Rules of the High Court of Kerala, 1971, which governs impleading parties, and cites established pleading principles from Bharat Singh v. State of Haryana, Larsen & Toubro Ltd. v. State of Gujarat, and Narmada Bachao Andolan v. State of Madhya Pradesh, emphasizing that pleadings must contain sufficient facts and evidence to support relief, with proper parties identified. The court ultimately concludes that the Temple Advisory Committee and its officers are necessary parties to the petition but finds the pleadings deficient, and dismisses the petition, though with liberty to file a fresh petition with proper pleadings and parties.”

High Court of Kerala
W.P.(C.) No.20200 of 2023

Vaisakh M. Baby v Regional Transport Officer (Enforcement), Civil Station, Kannur; Joint Regional Transport Officer, Sub-Regional Transport Office, Falcon Plaza NP Road, Irity, Kannur District; Transport Commissioner, Trans Towers, Vazhuthacaud, Thiruvananthapuram; State of Kerala; Union of India

Vaisakh M. Baby, the petitioner, challenges Ext.P5, an order suspending his heavy driving license under Section 19 of the Motor Vehicles Act, 1988. He contends that the Licensing Authority had no power to suspend, and that Sections 113 and 114 of the Act cannot be invoked. Despite Ext.P4 reply, Ext.P5 purportedly invokes Section 19(1)(6); the petitioner argues Ext.P5 is ex facie illegal and unsustainable in law. The respondents maintain that the proceedings were initiated under Section 19 read with Rule 21(8) of the Central Motor Vehicles Rules, 1989 to revoke licenses of drivers who violate the law, specifically citing overload as a nuisance or danger to the public. The petitioner points to the lack of proof of violation (no e-challan shown) though a weighment certificate allegedly indicates overload. The court notes that a right of appeal exists under Section 19(3) and that the matter has a statutory remedy; it will not quash Ext.P5 at this stage. Relying on Anoop K.A. v. State of Kerala (2019) and a prior similar case (W.P.(C.) No.18138/2023), the court underscores that the balance lies in encouraging due process. Ultimately, the court disposes by permitting an appeal within 30 days, with expeditious consideration, and directs that license not be revoked pending the appeal.

High Court of Kerala
WP(C) No.20996/2022

Sunny Joseph v. State of Kerala and Others

The petitioner, Sunny Joseph, is a Typist Copyist Grade-II in the High Court of Kerala and challenges denial of medical reimbursement for treatment expences of his late mother, Chinnamma Joseph, who suffered from cholangiocarcinoma. She underwent treatment at Lisie Hospital, Ernakulam, an empanelled government hospital, beginning 02.12.2016. During treatment, she collapsed at home and was rushed to Lisie Hospital but was not admitted; she was instead taken to PVS Memorial Hospital, a nearby non-empanelled facility. After a stroke on 05.06.2017, she was admitted to ICU, became speechless on 13.06.2017, and died on 07.07.2017. The petitioner submitted Ext.P1 for reimbursement of ₹2,56,089/-. The Government initially verified the entitlement (Ext.P4 shows ₹1,27,998/- as permissible) and later, Ext.P5 (22.06.2020) and Ext.P6–P7 reflected the State’s stance not to reimburse because PVS is not empanelled, citing financial constraints. The petitioner contends that his claim should be settled under the Government Medical Attendance Rules, 2016, regardless of empanelment, especially given the emergency circumstances. The High Court, applying the Shiva Kant Jha v. Union of India principle, held that denial on technical grounds is unjustified and directed reimbursement of ₹1,27,998/- within two months, setting aside Ext.P5–P8 and disposing of the petition.

High Court of Kerala
Cont.Case (C) No.396 of 2020

Cont.Case (C) No.396 of 2020

This Contempt of Court case (Civil) No.396 of 2020 before the Kerala High Court arises from a contempt petition under Section 12 of the Contempt of Courts Act, 1971 filed by five petitioners previously parties in W.P.(C) No.26380 of 2016. The petition alleges wilful disobedience of directions contained in Annexure A1 judgment dated 12.10.2018 in W.P.(C) No.26380/2016 and connected matters. The respondents include the Employees Provident Fund Organisation (EPFO) officials. The apex court’s later judgments pertaining to the EPFO pension scheme—especially the 2022 decision in Civil Appeal Nos.8143-8144 of 2022 (Sunil Kumar B.)—are central to the present proceedings. The 2022 judgment held that the G.S.R. 609(E) notification (22 August 2014) is legal and valid and read down certain provisions of the pension scheme, directing extensions and other adjustments. The Kerala High Court, after considering the apex court’s 2022 decision, held that the petitioners’ entitlement to higher pension requires reconsideration by EPFO in light of that judgment. The court directed that the EPFO undertake the necessary exercise in accordance with law and closed the contempt case, reserving the right of EPFO to reconsider entitlement to higher pension consistent with the Supreme Court’s ruling. The matter was decided by a Division Bench comprising Anil K. Narendran, J., and Sophy Thomas, J."

High Court of Kerala
30646/2023; 30215/2023; 34313/2023

W.P.(C) Nos. 30646/2023, 30215/2023, 34313/2023 (Kerala High Court)

These writ petitions concern appointment of Assistant Engineers in the Kerala Water Authority (KWA) through the in-service/departmental quota and the inclusion of lower-ranked Operator posts in PSC recruitment. Petitioners in W.P.(C) Nos. 30646/2023 and 30215/2023 are operators/employees of the KWA who assert that, in light of the Kerala Water Authority Technical Service Rules, 2023 (promulgated with effect from 30 January 2023) and related government orders, they are entitled to participate in the PSC notification dated 04 May 2022 (Category No. 138/2022) for direct recruitment to the post of Assistant Engineer in the departmental quota. Petitioners in W.P.(C) No.34313/2023, working as Draftsman Grade-II, contend they possess requisite engineering qualifications and should be considered for the in-service/Direct Recruitment quota under the 10% provision. The petitioners rely on the PHESS Rules, 1966 and PHES Rules, 1960 governing feeder categories, as well as transitional/ draft rules and executive orders. The court traces the evolution of rules, distinguishing existing rules from the draft rules, and notes that new rules are prospective unless explicitly given retrospective effect. It ultimately holds that the 30646/2023 and 30215/2023 petitions are to be dismissed, while 34313/2023 is allowed, with quashing of G.O.759/2023 and directions to appoint/advice petitioners under Ext.P4 ranking.

High Court of Kerala
Crl.M.C.No.8501 of 2022

M/S Jeevan Telecasting Corporation Ltd. v. State of Kerala and Asianet Satellite Communications Ltd.

This High Court of Kerala, in a Criminal Misc. Case under Sec. 482 CrPC, refused to quash a complaint in CC 996/2017 before a Judicial First Class Magistrate Court-XII, Thiruvananthapuram. The petition, filed by accused Nos.1 and 3 (M/S Jeevan Telecasting Corporation Ltd. and the 2nd petitioner, an authorised signatory), challenged the complaint on grounds that the second petitioner was only an employee with no day-to-day control over the company; and that even if a debt existed, the loss was fully discharged by payments totaling Rs. 25,00,000 via RTGS on 19 January 2019, undermining the substrate of liability. It was also argued that continuing the prosecution would amount to abuse of process since the alleged liability had been settled. No counter statement was filed by the second respondent. The respondents contended the transactions relate to an earlier channel carriage arrangement with the complainant and that cheques dated 10.02.2017 and 17.02.2017 were dishonoured, implying liability distributed among signatories. The court surveyed established quashing standards (Nagawwa and subsequent decisions) and reaffirmed that quashing is warranted only if allegations do not prima facie disclose an offence or where abuse of process is evident, while recognizing that a commercial dispute may still involve a criminal offence. It concluded that the complaint does disclose a criminal offence and that quashing would defeat a legitimate prosecution, hence the petition was dismissed and the proceedings must continue.

High Court of Kerala
WP(Crl.) No.1017/2023

Jijin K.V v. The State of Kerala & Others

Jijin K.V, the detenu, challenges a detention order issued under the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA), which was confirmed by Ext. P3. Ext. P1 (dated 16.06.2023) details preventive detention on grounds that the detenu has a long history of criminal activity and poses a threat to public safety, with the last prejudicial act recorded on 09.04.2023 and detention for six months. The matter involves four prior cases considered for preventive action, with multiple offences under IPC cited (341, 452, 506, 427, 294(b), 323, 324, 354, 308, 365, 342, 34 IPC) and a reference to Sec. 84 of the Juvenile Justice Act. The petitioner contends that the detaining authority did not apply its mind, that there is no live link between the alleged prejudicial activity and the detention order, and that delays between the last offence and detention were left unexplained; also, bail orders in earlier cases were not adequately treated. The respondents contend that the detenu has been continuously involved in criminal activity (about 15 cases since 2011; seven under trial), that KAAPA detention is precautionary, and that subjective and objective satisfaction supported the order, which the Government confirmed on 24.08.2023. The court ultimately upholds the detention, dismissing the petition and validating Exts. P1 and P3.

High Court of Kerala
CRL. M.C. NO.7667 OF 2023

M.C. Shijin and Shinju Jayan v. State of Kerala and Others

This High Court of Kerala, at Ernakulam, in a Single Judge proceedings by Justice P.V. Kunhikrishnan, deals with Criminal Miscellaneous Case No. 7667 of 2023 under Section 482 CrPC to quash the proceedings in SC 562/2019 arising from Crime No.159/2015 of Chakkiarakkal Police Station, Kannur. The petitioners, accused Nos. 1 and 2, are charged under IPC sections 143, 147, 148, 457, 436 and 506(ii) read with 149. Co-accused were acquitted and the parties have settled their dispute; the petitioners seek quashing in the light of settlement. The victim has filed an affidavit supporting the settlement, and the State, through the Public Prosecutor, initially voiced reservations but concedes settlement. The Court examines Supreme Court precedents—State of Madhya Pradesh v. Laxmi Narayan and Others (2019) (5) SCC 688, Gian Singh v. State of Punjab, and Narinder Singh and Others v. State of Punjab—to outline when 482 CrPC can quash non-compoundable offences in private settlements. It holds the dispute is private in nature, the settlement is acceptable, and thus allows the Crl.M.C., quashing all further proceedings in SC 562/2019 against the petitioners. The order is pronounced on 11 October 2023 and closes with a quashing of proceedings.

High Court of Kerala
CON.CASE(C) NO. 2445 OF 2019

Cont.Case (C) No. 2445 of 2019, Contempt of Court, High Court of Kerala at Ernakulam

This Contempt of Court Case (Civil) No. 2445 of 2019 arises from a petition by petitioners 1, 3, 4, 5 and 7 of W.P. (C) No. 31739/2016 seeking to enforce the directions contained in Annexure A of the Kerala High Court’s judgment dated 12 October 2018 in W.P. (C) No. 31739/2016 and connected matters. The petition alleges willful disobedience of those directions by the respondents, the Employees’ Provident Fund Organisation (EPFO). The context involves the EPFO’s pension scheme post-2014 amendments under G.S.R. 609(E) and subsequent Supreme Court scrutiny. The Supreme Court’s judgment dated 04 November 2022 in Civil Appeal Nos. 8143-44 of 2022 and connected matters held the 2014 amendment to the pension scheme legal and valid, with read-down directions for current members, transfer of funds, and options under paragraphs 11(3)/(4) of the scheme. The Kerala High Court notes that the petitioners’ entitlement to higher pension requires reconsideration by the EPFO in light of that judgment. The respondents’ counsel submits that the reconsideration shall be undertaken in accordance with law. After hearing, the court closes the Contempt Case, without prejudice to EPFO’s right to reconsider entitlements per the 2022 judgment. The bench comprises Justices Anil K. Narendran and Sophy Thomas. Appendices include Annexure A (the 2018 Kerala HC judgment) and Annexure B (supreme court status).

High Court of Kerala
Crl.M.C. No.9648/2023

Binu Gopi v. State of Kerala

This is a Kerala High Court Criminal Miscellaneous Case (Crl.M.C. No.9648/2023) decided by Justice P. V. Kunhikrishnan on 1 December 2023. The petitioner, Binu Gopi, challenges Annexure-I, an order issued by the Sub Divisional Magistrate, Pala, under Section 107 read with Section 113 CrPC, in MC No.75/2023. The annexed notice purportedly directed a show-cause in relation to a bond for keeping peace in connection with Crime No. 774/2023. The core objection is that Annexure-I does not disclose the substance of the information received or the basis of the satisfaction that justified invoking Section 107 CrPC; it lacks the required particulars under Section 111 CrPC, such as the substance of the information, the bond amount, duration, and the nature and number of sureties. The petitioner relies on Girish P. and others v. State of Kerala (2009 (4) KHC 929), Santhosh M.V. and others v. State of Kerala (2014 KHC 522), and Bejoy K.V. v. State of Kerala (2015 (5) KHC 507). The court agrees that Annexure-I failed to disclose the information and that the order is not in tune with Section 111/107 CrPC, following the aforesaid authorities and Moidu’s case (supra). Consequently, the—Criminal Miscellaneous Case is allowed and Annexure-I proceedings are quashed, preventing stigma and ensuring due process. The relief is limited to quashing of the challenged order and its proceedings.

High Court of Kerala
CRL.MCNO.5046OF2023

Danish Nabhan v. State of Kerala and Others

This is a Kerala High Court criminal miscellaneous case under Section 482 CrPC, arising from CP No.58/2021 before the Judicial Magistrate of First Class, Koyilandy, involving Crime No.1122/2020 of Elathoor Police Station, Kozhikode. The petitioner, the second accused, faced offences under Sections 341, 323, 324, and 308 read with Section 34 IPC. The petitioner moved this Court seeking to quash the criminal proceedings, asserting that the first accused had already been quashed in a prior order (Crl.M.C. No. 1389/2023) on the basis of an amicable settlement between the parties, and that continuing the proceedings would undermine peace and mutual respect. The Public Prosecutor expressed reservations about quashing purely on settlement terms, though he noted no other crimes against the petitioner. The Court reviewed established law—State of MP v. Laxmi Narayan (2019) 5 SCC 688, and the principles laid down in Gian Singh v. State of Punjab and Narinder Singh v. State of Punjab—emphasizing that Section 482 may be invoked to quash non-compoundable offences with predominantly civil character when the dispute is resolved, but not for heinous crimes or offences under special statutes. The Court held that the circumstances, including the gravity of the alleged offence, the amicable settlement, lack of serious antecedents, and absence of public interest in continued prosecution, justify quashing. Consequently, the petition was allowed; Annexure-A2 Final Report in Crime No.1122/2020 and all further proceedings in CP 58/2021 were quashed.