Kerala High Court
Jaina vs State Of Kerala on 16 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 16TH DAY OF APRIL 2024/27TH CHAITHRA, 1946
CRL.MC NO.2180 OF 2024
CRIME NO.1090/2012 OF MANNANCHERRY POLICE STATION,
ALAPPUZHA
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1467 OF 2022 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II(MOBILE), ALAPPUZHA
PETITIONERS/ACCUSED 1 TO 3:
1 JAINA, AGED 63 YEARS, D/O.JOSEPH,
VAVAKKADU VEEDU, KALAVOOR VILLAGE,
POLLETHAI (PO), ALAPUZHA DISTRICT, PIN - 688522.
2 JACKSON @ JINU, AGED 37 YEARS, S/O.JENA,
VAVAKKADU VEEDU, KALAVOOR VILLAGE,
POLLETHAI (P.O),
ALAPUZHA DISTRICT, PIN - 688522.
3 YESUDAS @ PRINCE, AGED 34 YEARS, S/O.JAMES,
VAVAKKADU VEEDU, KALAVOOR VILLAGE,
POLLETHAI (PO), ALAPUZHA DISTRICT, PIN - 688522.
BY ADVS.
ARUN BOSE
V.M.JACOB
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULUM, PIN - 682031.
2 THE STATION HOUSE OFFICER,
MANNANCHERRY POLICE STATION, MANNANCHERRY,
ALAPPUZHA DISTRICT, PIN - 688012.
3 MERCY @ MERCY JAMES, AGED 64 YEARS,
W/O.JAMES.P.JOHN, PALLIPARAMBIL VEEDU,
KALAVOOR VILLAGE, WARD NO.II,
MARARIKULAM SOUTH PANCHAYATH, POLLETHAI (PO),
ALAPUZHA DISTRICT, PIN - 688522.
Crl.M.C No.2180 of 2024
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BY ADVS.SRI.B.BIPIN
SRI.E.C.BINEESH,
LEARNED PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 16.04.2024, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C No.2180 of 2024
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O R D E R
Dated, this the 16th April, 2024 Petitioners are accused nos.1 to 3 in C.C. No.1467/2022 of the Judicial First Class Magistrate Court-II, Alappuzha. The offences alleged are under Sections 447, 427, 294(b), 506(i) and 34 of the Indian Penal Code.
2. The above Crl.M.C. has been filed seeking to quash Annexure-A1 F.I.R in Crime No.1090/2012 of Mannancherry police station, Annexure-A2 final report in C.C.No.1467/2022 and all further proceedings thereto against the petitioners. Quashment is sought for on the premise that the issues between the accused persons and the defacto complainant (3rd respondent herein) have been amicably settled and that the defacto complainant is no more interested to prosecute the matter as against the petitioners. Annexure- A3 affidavit has been sworn to by the 3rd respondent/defacto complainant stating inter alia Crl.M.C No.2180 of 2024
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that she has no grievance against the petitioners in connection with Crime No.1090/2012 and that she has no intention to proceed with C.C. No.1467/2022 of the Judicial First Class Magistrate Court-II, Alapuzha, any more.
3. When this matter was moved, this Court directed the learned Public Prosecutor to get instructions, along with a signed statement of the defacto complainant. The same is also filed, wherein the Investigating Officer would report that the defacto complainant is not willing any more to continue the case against the petitioners. Along with the said report, Annexure-A1 signed statement of the defacto complainant statement is also appended, wherein also the above referred facts are reiterated.
4. In view of the judgments of Hon'ble Supreme Court in B.S. Joshi & Ors v. State Of Haryana & Anr [2003 (4) SCC 675] and Gian Singh v. State of Punjab [(2012) 10 SCC 303], this Court finds that Crl.M.C No.2180 of 2024
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no useful purpose is to be served by continuing the prosecution as against the petitioners, inasmuch as the defacto complainant had unequivocally expressed her intention to withdraw the criminal proceedings against the petitioners. The issues involved in this crime are purely private in nature, without in any way impacting the society at large.
5. In the circumstances, this Crl.M.C. is allowed and F.I.R. in Crime No.1090/2012 of Mannancherry police station, Annexure-A2 final report in the said crime and all further proceedings in C.C.No.1467/2022 of the Judicial First Class Magistrate Court-II, Alappuzha are hereby quashed.
Sd/-
C.JAYACHANDRAN, JUDGE ww Crl.M.C No.2180 of 2024
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APPENDIX OF CRL.MC 2180/2024 PETITIONERS' ANNEXURES:
ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.
1090/2012 OF THE MANNANCHERRY POLICE STATION, ALAPUZHA DISTRICT.
ANNEXURE A2 CERTIFIED COPY OF THE FIR IN CRIME NO.1090/2012 IN C.C.NO.1467/2022 ON THE FILES OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ALAPUZHA.
ANNEXURE A3 AFFIDAVIT SWORN BY THE 3RD RESPONDENT/DEFACTO COMPLAINANT DATED 17.02.2024.