Kerala High Court
Jaison @ Appu vs State Of Kerala on 12 April, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA,
1946
CRL.MC NO. 2394 OF 2024
CRIME NO.197/2011 OF PALLITHOTTAM POLICE STATION,
KOLLAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.966 OF 2018
OF JUDICIAL FIRST CLASS MAGISTRATE COURT - III, KOLLAM
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PETITIONERS/ACCUSED NOS.4 & 5:
1 JAISON @ APPU, AGED 26 YEARS
S/O.NELSON, THOPPIL PURAYIDOM,
KAIKULANGARA CHERRY, KOLLAM WEST VILLAGE,
KOLLAM DISTRICT, PIN - 691 001.
2 MARTIN, AGED 26 YEARS
S/O.THOMAS ZACHARIA, THOPPIL PURAYIDOM,
NEAR CYMS LIBRARY, KAIKULANGARA CHERRY,
KOLLAM WEST VILLAGE,
KOLLAM DISTRICT, PIN - 691 001.
BY ADVS.
K.SIJU
ANJANA KANNATH
MARIYA JOSE
JOSHNA JOY
RESPONDENT/STATE & DEFACTO COMPLAINANT & INJURED :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682 031.
2 STATION HOUSE OFFICER
PALLITHOTTAM POLICE STATION,
KOLLAM DISTRICT, PIN - 691 006.
CRL.MC 2394/2024
2
3 BINOY, AGED 36 YEARS
S/O.YOHANNAN, BIBIN NIVAS,
NEAR KOTHALAVAYAL TEMPLE,
PUNNATHALA CHERI, KOLLAM WEST VILLAGE,
KOLLAM DISTRICT, PIN - 691 001.
4 MILTON, AGED 41 YEARS
S/O.GEORGE, THALAYATTU PARAMBIL,
PUNNATHALA CHERI, KOLLAM WEST VILLAGE,
KOLLAM DISTRICT, PIN - 691 001.
SRI. T.R. RANJITH (PP)
SRI.MUHAMMED RAFFI - R3 & R4
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC 2394/2024
3
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C. No.2394 of 2024
...................................................
Dated this the 12th day of April, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.
2. Petitioners are accused 4 and 5 in C.C.No.966/2018 on the files of the Judicial First Class Magistrate Court-III, Kollam, arising out of Crime No.197/2011 of Pallithottam Police Station, registered for the offences punishable under Sections 143, 147, 148, 341, 323, and 324 r/w Section 149 of the Indian Penal Code, 1860. The third respondent is the de facto complainant and the fourth respondent is the injure witness.
3. According to the prosecution, accused had, on 27.03.2011 formed themselves into an unlawful assembly and assaulted the de facto complainant with stone, thereby committing the offences alleged.
4. Heard the learned counsel for the petitioners and the learned counsel for the respondents, apart from the learned Public CRL.MC 2394/2024 4 Prosecutor.
5. The learned counsel for the petitioners submitted that the matter has been settled and hence the proceedings against the petitioners ought to be quashed. It was also submitted that, considering the nature of offences alleged, no purpose would be served by continuing the proceedings.
6. In Gian Singh v. State of Punjab and Another [(2012) 10 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].
7. I have perused Annexure-A4 and Annexure-A5 affidavits filed by the respondents 3 and 4. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavits are genuine, and the de facto complainant and other deponent stand by the contents thereof. I am satisfied that the matter has CRL.MC 2394/2024 5 been settled and no public interest is involved in this case. There is no impediment for granting the prayer for quashing. The continuance of the proceedings will only be an exercise in futility. Accordingly, all proceedings against the petitioners in C.C.No.966/2018 on the files of the Judicial First Class Magistrate Court-III, Kollam, are quashed.
This Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS JUDGE AMV/15/04/2024 CRL.MC 2394/2024 6 APPENDIX OF CRL.MC 2394/2024 PETITIONER ANNEXURES ANNEXURE A1 THE CERTIFIED COPY OF FIR WITH FIS IN CRIME NO.197/2011 OF PALLITHOTTAM POLICE STATION DATED 27.3.2011.
ANNEXURE A2 THE CERTIFIED COPY OF FINAL REPORT IN CRIME NO.197/2011 OF PALLITHOTTAM POLICE STATION DATED 19.5.2011.
ANNEXURE A3 THE CERTIFIED COPY OF JUDGMENT IN CC NO.2111/2015 DATED 13.12.2018 ON THE FILE OF JFMC-III, KOLLAM.
ANNEXURE A4 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 27.2.2024 REGARDING SETTLEMENT. ANNEXURE A5 THE AFFIDAVIT SWORN BY THE 4TH RESPONDENT DATED 27.2.2024 REGARDING SETTLEMENT.
TRUE COPY